Government Code

Part 82 of 107 · provisions 16,201–16,400

This act is named the Government Code.

Jurisdiction: United States — California
Instrument: Code
Citation: GOV
Version: Undated source snapshot
Language: en
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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

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65957.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
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The time limits in certain development-permit sections may be extended once, by up to 90 days, if the project applicant and the public agency mutually agree in writing.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65957. The time limits established by Sections 65950, 65950.1, 65951, and 65952 may be extended once upon mutual written agreement of the project applicant and the public agency for a period not to exceed 90 days from the date of the extension. No other extension, continuance, or waiver of these time limits either by the project applicant or the lead agency shall be permitted, except as provided in this section and Section 65950.1. Failure of the lead agency to act within these time limits may result in the project being deemed approved pursuant to the provisions of subdivision (b) of Section 65956. (Amended by Stats. 1998, Ch. 283, Sec. 4. Effective January 1, 1999.)
65957.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
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If a development project needs more than one public agency approval, the agency may set deadlines for submitting required information and for acting on each request.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65957.1. In the event that a development project requires more than one approval by a public agency, such agency may establish time limits (1) for submitting the information required in connection with each separate request for approval and (2) for acting upon each such request; provided, however, that the time period for acting on all such requests shall not, in aggregate, exceed those limits specified in Sections 65950 and 65952. (Added by Stats. 1978, Ch. 1113.)
65957.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
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An applicant may appeal a highway district director’s recommendation, but the appeal must be in writing to the Director of Transportation and processed under regulations the Department must adopt.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65957.5. (a) Whenever the director of a Department of Transportation highway district recommends to a public agency considering an application to subdivide real property or to issue a construction permit that the agency impose certain conditions on its approval of the application, the applicant may appeal the district director’s recommendation. (b) The Department of Transportation shall adopt regulations prescribing procedures for effecting an appeal pursuant to subdivision (a). The appeal shall be made in writing to the Director of Transportation. The director’s decision on the appeal shall be rendered within 60 calendar days after receipt of the appeal, and the director’s written determination shall be transmitted to the appellant and to the agency to whom the appealed recommendation was made. The adopted regulations shall require the appellant to pay to the department a fee of not more than 50 percent of the estimated administrative cost to the department of conducting the appeal. (c) The appeal process, including the director’s written determination, shall be completed at least 60 days prior to completion of the period of public review for a draft environmental impact report or a negative declaration prescribed by Section 21091 of the Public Resources Code. (Added by Stats. 1993, Ch. 796, Sec. 1. Effective January 1, 1994.)
65959.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5.6. Environmental Permits [65959 - 65959.3] ( Article 5.6 added by Stats. 1992, Ch. 952, Sec. 1. )
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This section says the California Environmental Protection Agency should coordinate environmental permit actions, help applicants get timely responses, and promote integrated, speedy, and cost-effective permit compliance.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5.6. Environmental Permits [65959 - 65959.3] ( Article 5.6 added by Stats. 1992, Ch. 952, Sec. 1. ) ## 65959. The Legislature hereby finds and declares that the California Environmental Protection Agency was established to enhance the state’s protection of the environment by, among other things, more effectively coordinating the permit actions of the departments or boards within the agency which issue environmental permits and by ensuring timely responses to applicants for permits in order to reduce costs associated with compliance with the state’s environmental protection statutes and programs. It is the intent of this article to provide a mechanism by which the California Environmental Protection Agency may further this objective of environmental protection by bringing relevant agencies together to foster the integration of requests for information, promote speedy and cost-effective compliance, and synchronize, to the maximum extent feasible, the environmental permit requirements imposed on applicants by the departments or boards within the agency. (Added by Stats. 1992, Ch. 952, Sec. 1. Effective January 1, 1993.)
65959.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5.6. Environmental Permits [65959 - 65959.3] ( Article 5.6 added by Stats. 1992, Ch. 952, Sec. 1. )
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This section defines “environmental permit” for this article.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5.6. Environmental Permits [65959 - 65959.3] ( Article 5.6 added by Stats. 1992, Ch. 952, Sec. 1. ) ## 65959.1. For purposes of this article, “environmental permit” means any permit issued by the Department of Toxic Substances Control for the storage, treatment, handling, or disposal of hazardous waste, as defined in Section 25117 of the Health and Safety Code, or any waste discharge requirements issued by the State Water Resources Control Board or a California regional water quality control board. (Added by Stats. 1992, Ch. 952, Sec. 1. Effective January 1, 1993.)
65959.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5.6. Environmental Permits [65959 - 65959.3] ( Article 5.6 added by Stats. 1992, Ch. 952, Sec. 1. )
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If an applicant asks for more than one environmental permit, the Secretary for Environmental Protection may convene a permitting team; the team must identify permit requirements and give that information to the applicant.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5.6. Environmental Permits [65959 - 65959.3] ( Article 5.6 added by Stats. 1992, Ch. 952, Sec. 1. ) ## 65959.2. (a) At the request of an applicant for more than one environmental permit, the Secretary for Environmental Protection may, using existing staff and budgetary resources, convene a permitting team for the project composed of permit writers and other appropriate personnel from the board or department responsible for review of the project and the issuance of an environmental permit. The permitting team shall identify all statutory and regulatory requirements for the issuance of the environmental permits and provide that information to the applicant in order to facilitate, to the maximum extent feasible, the uniform, consistent, and expeditious processing of environmental permit applications. (b) At the request of the applicant, the Secretary for Environmental Protection may solicit the participation of relevant federal, state, and local agencies on the permitting team to facilitate cooperation, reduce duplication, and assist in conflict resolution. (Added by Stats. 1992, Ch. 952, Sec. 1. Effective January 1, 1993.)
65959.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5.6. Environmental Permits [65959 - 65959.3] ( Article 5.6 added by Stats. 1992, Ch. 952, Sec. 1. )
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This article does not add to or reduce existing authority over issuing environmental permits.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5.6. Environmental Permits [65959 - 65959.3] ( Article 5.6 added by Stats. 1992, Ch. 952, Sec. 1. ) ## 65959.3. This article does not confer any new or additional authority over the issuance of environmental permits on the California Environmental Protection Agency or diminish in any way the existing authority of any other state or local agency. (Added by Stats. 1992, Ch. 952, Sec. 1. Effective January 1, 1993.)
6596.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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California pledges not to limit or alter certain authority rights until the related bonds and contracts are fully paid or performed, unless the law provides adequate protection.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6596. The State of California does hereby pledge to, and agrees with, the holders of any bonds issued under this article, and with those parties who may enter into contracts with the authority pursuant to this article, that the state will not limit or alter the rights hereby vested in the authority to finance any public capital improvement and to fulfill the terms of any loan agreement, lease, or other contract with the authority pursuant to this part, or in any way impair the rights or remedies of the bonds or of the parties until those bonds, together with the interest thereon, are fully met and discharged and those contracts are fully performed on the part of the authority. However, nothing in this section precludes this limitation or alteration if and when adequate provision has been made by law for the protection of the holders of those bonds of the authority or those entering into those contracts with the authority. (Added by Stats. 1985, Ch. 868, Sec. 6. Effective September 23, 1985.)
65960.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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For geothermal field development projects, one permit from the lead agency and one from each responsible agency is required for the covered drilling, construction, operation, and maintenance activities, unless the permit is issued as a ministerial act.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65960. Notwithstanding any other provision of law, if any person applies for approval of a geothermal field development project, then only one permit from the lead agency and one permit from each responsible agency shall be required for all drilling, construction, operation, and maintenance activities required during the course of the productive life of the project, including, but not limited to, the drilling of makeup wells, redrills, well cleanouts, pipeline hookups, or any other activity necessary to the continued supply of geothermal steam to a powerplant. The lead agency and each responsible agency may approve such permits for less than full field development if the applicant submits such an application. Such permits shall include (1) any conditions or stipulations deemed necessary by the lead or responsible agency, including appropriate mitigation measures within the statutory jurisdiction of such agency, and (2) a monitoring program capable of assuring the permittee’s conformance with all such conditions or stipulations. This section shall not apply to any permit whose issuance is a ministerial act by the permitting agency. (Added by Stats. 1978, Ch. 1271.)
65960.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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Local funding sources for affordable housing must include adaptive reuse as an eligible project, and agencies controlling those funds may not reject or exclude proposals just because they use adaptive reuse.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65960.1. (a) Any local source of funding that can be used for the development of affordable housing shall include adaptive reuse as an eligible project. No agency with control of a local source of funding shall prohibit or exclude a project proposal that uses an adaptive reuse model for an affordable housing project development solely on the basis that the proposal is for an adaptive reuse project. (b) For purposes of this section “adaptive reuse” means the retrofitting and repurposing of an existing building to create new residential units. (Added by Stats. 2023, Ch. 764, Sec. 2. (AB 1490) Effective January 1, 2024.)
65961.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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Local agencies generally may not require old subdivision conditions to be met before issuing building permits for certain residential units, but there are exceptions for health, safety, legal compliance, zoning, and certain fees on extended maps.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65961. Notwithstanding any other provision of law, except as provided in subdivisions (e) and (f), upon approval or conditional approval of a tentative map for a subdivision of single- or multiple-family residential units, or upon recordation of a parcel map for such a subdivision for which no tentative map was required, during the five-year period following recordation of the final map or parcel map for the subdivision, a city, county, or city and county shall not require as a condition to the issuance of any building permit or equivalent permit for such single- or multiple-family residential units, conformance with or the performance of any conditions that the city or county could have lawfully imposed as a condition to the previously approved tentative or parcel map. Nor shall a city, county, or city and county withhold or refuse to issue a building permit or equivalent permit for failure to conform with or perform any conditions that the city, county, or city and county could have lawfully imposed as a condition to the previously approved tentative or parcel map. However, the provisions of this section shall not prohibit a city, county, or city and county from doing any of the following: (a) Imposing conditions or requirements upon the issuance of a building permit or equivalent permit which could have been lawfully imposed as a condition to the approval of a tentative or parcel map if the local agency finds it necessary to impose the condition or requirement for any of the following reasons: (1) A failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to their health or safety, or both. (2) The condition is required in order to comply with state or federal law. (b) Withholding or refusing to issue a building permit or equivalent permit if the local agency finds it is required to do so in order to comply with state or federal law. (c) Assuring compliance with the applicable zoning ordinance. (d) This section shall also apply to a city or city and county which incorporates on or after January 1, 1985, and which includes within its boundaries any areas included in the tentative or parcel map described in this section. When the incorporation includes areas included in the tentative or parcel map described in this section, “a condition that the city could have lawfully imposed as a condition to the previously approved tentative or parcel map,” as used in this section, refers to conditions the county could have imposed had there been no incorporation. (e) For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, 66452.25, or 66452.26, the five-year period described in this section shall be three years. (f) For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, 66452.25, or 66452.26, this section does not prohibit a city, county, or city and county from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, including, but not limited to, a fee defined in Section 66000. (Amended by Stats. 2018, Ch. 830, Sec. 1. (AB 2973) Effective January 1, 2019.)
65962.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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Cities and counties in the Sacramento-San Joaquin Valley generally may not approve certain development permits in flood hazard zones unless specific flood-protection findings are made.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65962. (a) Notwithstanding any other law, after the amendments required by Sections 65302.9 and 65860.1 have become effective, each city and county within the Sacramento-San Joaquin Valley shall not approve a discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, or a ministerial permit that would result in the construction of a new residence, for a project 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 project 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 permit or discretionary entitlement that will protect the project 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, 65962.2, and 65962.4, 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. 2025, Ch. 777, Sec. 2. (SB 639) Effective January 1, 2026.)
65962.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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Mossdale Tract must achieve an urban level of flood protection by 2040 for specified code sections.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65962.1. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the Mossdale Tract shall achieve the urban level of flood protection by 2040. (b) For purposes of this section, “Mossdale Tract” means an area of land identified as Reclamation District No. 17 on page 144 of Bulletin No. 37 (1930) of the Department of Water Resources, along with such contiguous urban and urbanizing areas to the east of the tract as would be subject to flooding from the San Joaquin River at an urban level of flood protection. (c) Notwithstanding Section 8307 of the Water Code, the San Joaquin Area Flood Control Agency may be required to contribute its fair and reasonable share of any property damage caused by a flood to the extent that the state’s exposure to liability for property damage has been increased by cities or counties unreasonably approving, as defined in Section 8307 of the Water Code, any new development in the Mossdale Tract between the years 2025 and 2040. (Amended by Stats. 2024, Ch. 10, Sec. 1. (SB 586) Effective April 30, 2024.)
65962.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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The City of West Sacramento must achieve the urban level of flood protection by 2040.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65962.2. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the City of West Sacramento shall achieve the urban level of flood protection by 2040. (b) For purposes of this section, “City of West Sacramento” means the incorporated area in the County of Yolo as identified in Resolution No. 86-112 of the County of Yolo Board of Supervisors at Yolo County Official Records Book 1801, pages 384 to 403, inclusive, and Book 1801, pages 368 to 382, inclusive. (c) Notwithstanding Section 8307 of the Water Code, the West Sacramento Area Flood Control Agency may be required to contribute its fair and reasonable share of any property damage caused by a flood to the extent that the state’s exposure to liability for property damage has been increased by cities or counties unreasonably approving, as defined in Section 8307 of the Water Code, any new development in the City of West Sacramento between January 1, 2025, and December 31, 2040. (Amended by Stats. 2024, Ch. 10, Sec. 2. (SB 586) Effective April 30, 2024.)
65962.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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Two flood control agencies must submit a report to specified legislative committees by December 31, 2028, and every five years after that until December 31, 2038.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65962.3. (a) Notwithstanding Sections 9795 and 10231.5, on or before December 31, 2028, and every five years thereafter until December 31, 2038, the West Sacramento Area Flood Control Agency and the San Joaquin Area Flood Control Agency shall provide a report to the Senate Natural Resources and Water Committee, the Assembly Water, Parks, and Wildlife Committee, the Senate Budget Subcommittee No. 2, and the Assembly Budget Subcommittee No. 4 describing plans and actions taken to improve flood protection in the preceding five years in the City of West Sacramento and the Mossdale Tract pursuant to Sections 65962.1 and 65962.2, respectively. (b) In order to minimize duplication, the report described in subdivision (a) may be composed of materials developed to meet other reporting requirements. (c) This section shall remain in effect only until January 1, 2039, and as of that date is repealed. (Added by Stats. 2024, Ch. 10, Sec. 3. (SB 586) Effective April 30, 2024. Repealed as of January 1, 2039, by its own provisions.)
65962.4.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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Certain listed locations must reach the urban level of flood protection by 2030, and some listed local governments may be required to pay a fair share of flood-related property damage in specified circumstances.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65962.4. (a) For purposes of Sections 65865.5, 65962, and 66474.5, the following locations shall achieve the urban level of flood protection by 2030: (1) The Natomas subarea of the City of Sacramento. (2) The Beach Lake subarea of the City of Sacramento and the Beach Lake subarea of the unincorporated area of the County of Sacramento. (3) The portions of the Natomas subarea located in the unincorporated area of the County of Sacramento and the portions of the Natomas subarea located in the unincorporated area of the County of Sutter. (4) The City of Marysville protected by the Marysville Ring Levee located in the City of Marysville in the County of Yuba. (b) Notwithstanding paragraph (2) of subdivision (a) of Section 8307 of the Water Code, the City of Marysville, the City of Sacramento, the County of Sacramento, the County of Sutter, or the County of Yuba may be required to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, to the extent that the state’s exposure to liability for property damage has been increased by the city or county unreasonably approving, as defined in Section 8307 of the Water Code, any new development in paragraph (1), (2), (3), or (4) of subdivision (a) until the city or county finds that the area has met the urban level of flood protection as defined in subdivision (n) of Section 65007. (c) For purposes of this section, the following definitions apply: (1) “Beach Lake subarea of the City of Sacramento” means the area within the City of Sacramento bounded on the north by Sutterville Road, on the west and south by the city limits, and on the east by Highway 99. (2) “Beach Lake subarea of the unincorporated area of the County of Sacramento” means the unincorporated area of the County of Sacramento that is bounded on the west by the Sacramento River, on the north by the City of Sacramento city limits, on the east by Franklin Boulevard, and on the south by the City of Elk Grove city limits to Interstate 5 and along the North Beach Lake Levee from west of Interstate 5 to the Sacramento River. (3) “City of Marysville” means the incorporated area of the City of Marysville as identified in the 2021–29 General Plan Housing Element Update adopted by Resolution 2021–34 by the Marysville City Council on November 16, 2021. (4) “City of Sacramento” means the incorporated area in the City of Sacramento identified in Resolution No. 2021-0001, adopted by the Sacramento Independent Redistricting Commission, December 16, 2021, entitled “Establishing the Sacramento City Council District Boundaries Pursuant to the Sacramento City Charter, the California Elections Code, and the 2020 United States Census.” (5) “Natomas subarea” means any of the following: (A) The area within the City of Sacramento bounded on the north and west by the city limits, on the south by the Garden Highway or Arden-Garden Connector, and on the east by East Levee Road. (B) The unincorporated area of the County of Sacramento that is bounded on the north and west by the unincorporated County of Sacramento limits, on the east by East Levee Road, and on the south by Interstate 80. (C) The unincorporated area of the County of Sutter that is bounded by the Sacramento River, the Natomas Cross Canal, the Pleasant Grove Creek Canal or Steelhead Creek, and the unincorporated County of Sutter limits. (Added by Stats. 2025, Ch. 777, Sec. 3. (SB 639) Effective January 1, 2026.)
65962.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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Several agencies must compile, update, and submit hazardous-waste-related lists, and project applicants must check those lists and file a signed statement before a development application is accepted as complete.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65962.5. (a) The Department of Toxic Substances Control shall compile and update as appropriate, but at least annually, and shall submit to the Secretary for Environmental Protection, a list of all of the following: (1) All hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code. (2) All land designated as hazardous waste property or border zone property pursuant to former Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Health and Safety Code. (3) All information received by the Department of Toxic Substances Control pursuant to Section 25242 of the Health and Safety Code on hazardous waste disposals on public land. (4) All sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code. (b) The State Department of Health Services shall compile and update as appropriate, but at least annually, and shall submit to the Secretary for Environmental Protection, a list of all public drinking water wells that contain detectable levels of organic contaminants and that are subject to water analysis pursuant to Section 116395 of the Health and Safety Code. (c) The State Water Resources Control Board shall compile and update as appropriate, but at least annually, and shall submit to the Secretary for Environmental Protection, a list of all of the following: (1) All underground storage tanks for which an unauthorized release report is filed pursuant to Section 25295 of the Health and Safety Code. (2) All solid waste disposal facilities from which there is a migration of hazardous waste and for which a California regional water quality control board has notified the Department of Toxic Substances Control pursuant to subdivision (e) of Section 13273 of the Water Code. (3) All cease and desist orders issued after January 1, 1986, pursuant to Section 13301 of the Water Code, and all cleanup or abatement orders issued after January 1, 1986, pursuant to Section 13304 of the Water Code, that concern the discharge of wastes that are hazardous materials. (d) The local enforcement agency, as designated pursuant to Section 18051 of Title 14 of the California Code of Regulations, shall compile as appropriate, but at least annually, and shall submit to the Department of Resources Recycling and Recovery, a list of all solid waste disposal facilities from which there is a known migration of hazardous waste. The Department of Resources Recycling and Recovery shall compile the local lists into a statewide list, which shall be submitted to the Secretary for Environmental Protection and shall be available to any person who requests the information. (e) The Secretary for Environmental Protection shall consolidate the information submitted pursuant to this section and distribute it in a timely fashion to each city and county in which sites on the lists are located. The secretary shall distribute the information to any other person upon request. The secretary may charge a reasonable fee to persons requesting the information, other than cities, counties, or cities and counties, to cover the cost of developing, maintaining, and reproducing and distributing the information. (f) Before a lead agency accepts as complete an application for any development project which will be used by any person, the applicant shall consult the lists sent to the appropriate city or county and shall submit a signed statement to the local agency indicating whether the project and any alternatives are located on a site that is included on any of the lists compiled pursuant to this section and shall specify any list. If the site is included on a list, and the list is not specified on the statement, the lead agency shall notify the applicant pursuant to Section 65943. The statement shall read as follows: HAZARDOUS WASTE AND SUBSTANCES STATEMENT The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the Government Code. Accordingly, the project applicant is required to submit a signed statement that contains the following information: Name of applicant: Address: Phone number: Address of site (street name and number if available, and ZIP Code): Local agency (city/county): Assessor’s book, page, and parcel number: Specify any list pursuant to Section 65962.5 of the Government Code: Regulatory identification number: Date of list: _____ Applicant, Date _____ _____ (g) The changes made to this section by the act amending this section, that takes effect January 1, 1992, apply only to projects for which applications have not been deemed complete on or before January 1, 1992, pursuant to Section 65943. (Amended by Stats. 2022, Ch. 258, Sec. 28. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
65963.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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This section says the chapter applies to certain land use decisions and permits for hazardous waste facility projects, unless another article in the Health and Safety Code says otherwise.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65963.1. Except as otherwise provided in Article 8.7 (commencing with Section 25199) of Chapter 6.5 of Division 20 of the Health and Safety Code, this chapter applies to the making of a land use decision or the issuance of a permit for a hazardous waste facility project by a public agency, as defined in Section 25199.1 of the Health and Safety Code, including, but not limited to, all of the following actions: (a) The approval of land use permits and conditional use permits, the granting of variances, the subdivision of property, and the modification of existing property lines pursuant to this division or Division 2 (commencing with Section 66410) of Title 7, and, for purposes of this chapter, “project” includes an activity requiring any of those actions. (b) The issuance of hazardous waste facility permits by the State Department of Health Services pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. (c) The issuance of waste discharge requirements by California regional water quality control boards pursuant to Article 4 (commencing with Section 13260) of Chapter 4 of Division 7 of the Water Code. (d) The issuance of authority to construct permits by the district board of an air pollution control district or an air quality management district pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code. (e) The issuance of solid waste facilities permits by the enforcement agency pursuant to Article 2 (commencing with Section 66796.30) of Chapter 3 of Title 7.3. (Added by Stats. 1986, Ch. 1504, Sec. 2. Note: See changes set forth in Governor's Reorg. Plan 1 of 1991.)
65963.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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Cities and counties must act on a complete ministerial pipeline project permit application within 10 business days, or give the gas corporation a written timeline as soon as possible.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65963.2. (a) For purposes of this section, the following terms have the following meanings: (1) “Commission” means the Public Utilities Commission. (2) “Pipeline integrity management program” means a program verified by the commission to be in compliance with state or federal regulations that includes an activity undertaken by a gas corporation that is a public utility to enhance the safety of a natural gas pipeline as required by the commission, or the federal Pipeline and Hazardous Materials Safety Administration in Subpart O of Part 192 of Title 49 of the Code of Federal Regulations and 74 Federal Register 63906 (December 4, 2009). (3) “Pipeline project” means a pipeline inspection, remediation, removal, or replacement, including any valve, flange, meter, or other piece of equipment directly attached to the pipeline, in accordance with a pipeline integrity management program. (b) A city, county, or city and county shall act on an application by a gas corporation that is a public utility for a ministerial pipeline project permit within a public street or highway or any other public right-of-way within 10 business days of determining that an application for the pipeline project is complete. (c) If the city, county, or city and county cannot act on the application within 10 business days of determining that an application for the pipeline project is complete pursuant to subdivision (b), the city, county, or city and county shall provide the gas corporation with a written timeline indicating the time, which shall occur as soon as possible, by which the city, county, or city and county will act on the application. (Added by Stats. 2012, Ch. 486, Sec. 1. (AB 2559) Effective January 1, 2013.)
65964.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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For wireless telecommunications facility permit approvals, a city or county cannot require an escrow deposit, cannot unreasonably shorten permit duration, and cannot restrict facilities to sites owned by particular parties.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65964. As a condition of approval of an application for a permit for construction or reconstruction for a development project for a wireless telecommunications facility, as defined in Section 65850.6, a city or county shall not do any of the following: (a) Require an escrow deposit for removal of a wireless telecommunications facility or any component thereof. However, a performance bond or other surety or another form of security may be required, so long as the amount of the bond security is rationally related to the cost of removal. In establishing the amount of the security, the city or county shall take into consideration information provided by the permit applicant regarding the cost of removal. (b) Unreasonably limit the duration of any permit for a wireless telecommunications facility. Limits of less than 10 years are presumed to be unreasonable absent public safety reasons or substantial land use reasons. However, cities and counties may establish a build-out period for a site. (c) Require that all wireless telecommunications facilities be limited to sites owned by particular parties within the jurisdiction of the city or county. (Added by Stats. 2006, Ch. 676, Sec. 2. Effective January 1, 2007.)
65964.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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Wireless facility collocation or siting applications can be deemed approved if the applicant gives required notices and the city or county misses the FCC-tied review period.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65964.1. (a) A collocation or siting application for a wireless telecommunications facility, as defined in Section 65850.6, shall be deemed approved if all of the following occur: (1) The city or county fails to approve or disapprove the application within a reasonable period of time in accordance with the time periods and procedures established by applicable FCC rules. The reasonable period of time may be tolled to accommodate timely requests for information required to complete the application or may be extended by mutual agreement between the applicant and the local government, consistent with applicable FCC rules. (2) The applicant has provided all public notices regarding the application that the applicant is required to provide under applicable laws consistent with the public notice requirements for the application. (3) (A) The applicant has provided notice to the city or county that the reasonable time period has lapsed and that the application is deemed approved pursuant to this section. (B) Within 30 days of the notice provided pursuant to subparagraph (A), the city or county may seek judicial review of the operation of this section on the application. (b) Where a city or county requires a traffic control plan, or other submission or permit related to either obstruction or safety in the public right-of-way, the applicant shall not begin construction before complying with this requirement. The city or county shall not unreasonably withhold, condition, or delay approval of any submission required by this subdivision. (c) This section does not apply to eligible facilities requests for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of the tower or base station as described in Section 1455 of Title 47 of the United States Code and applicable FCC rules. (d) The city, county, or city and county, shall notify the applicant of the incompleteness of an application within the time periods established by applicable FCC rules. (e) The Legislature finds and declares that a wireless telecommunications facility has a significant economic impact in California and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, but is a matter of statewide concern. (f) As used in this section, “applicable FCC rules” means those regulations contained in Subpart U (commencing with Section 1.6001) of Part 1 of Subchapter A of Chapter I of Title 47 of the Code of Federal Regulations. (g) Except as provided in subdivision (a), nothing in this section limits or affects the authority of a city or county over decisions regarding the placement, construction, and modification of a wireless telecommunications facility. (h) A city or county shall not prohibit or unreasonably discriminate in favor of, or against, any particular wireless technology. (i) Due to the unique duties and infrastructure requirements for the swift and effective deployment of firefighters, this section does not apply to a collocation or siting application for a wireless telecommunications facility where the project is proposed for placement on fire department facilities. (j) For purposes of this section, the time period for a city or county to approve or disapprove a collocation or siting application shall commence when the applicant makes the first required submission, or if the city or county requires a preapplication meeting, communication, or similar step before submission, when the applicant takes that first required step. (k) Nothing in this section shall supersede, nullify, or otherwise alter the requirements to comply with safety standards, including, but not limited to, both of the following: (1) Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1. (2) The Public Utilities Commission’s General Order No. 128, Rules for Construction of Underground Electric Supply and Communication Systems, or successor rules adopted by the commission. (Amended by Stats. 2021, Ch. 467, Sec. 2. (AB 537) Effective January 1, 2022.)
65964.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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Local agencies must batch-process certain broadband permit applications, and can impose limits and fees within stated conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65964.3. (a) For purposes of this section, the following definitions apply: (1) “Batch broadband permit processing” means the simultaneous processing of multiple broadband permit applications for substantially similar broadband project sites under a single permit. (2) “Broadband permit application” means an application or other documents submitted for review by a local agency to permit the construction of a broadband project. (3) “Broadband project” means the proposed facility, including the support structure and any supporting equipment necessary for operation of the proposed facility. A broadband project may be comprised of one or more components, including, but not limited to, a wireless facility, a fiber optic connection, and other supporting equipment, each of which may require separate permits or authorizations by a local agency. (4) “Local agency” has the same meaning as the term is defined in Section 65964.5, except that it does not include a publicly owned electric utility that is subject to Part 2 (commencing with Section 9510) of Division 4.8 of the Public Utilities Code. (5) “Presumptively reasonable time” means the timeframe, if any, specified in applicable law within which a local agency must review and resolve an application following submission of a complete broadband permit application. The presumptively reasonable time period may be modified by mutual, written agreement between the local agency and the applicant. (6) “Substantially similar broadband project sites” means broadband project sites that are nearly identical in terms of equipment and general design, but not location. (b) Subject to subdivision (e), a local agency shall undertake batch broadband permit processing upon receiving two or more broadband permit applications for substantially similar broadband project sites submitted at the same time by the same applicant. Batch broadband permit processing for wireless broadband projects shall be completed within a presumptively reasonable time pursuant to applicable law unless a longer period of time is permitted under the circumstances pursuant to applicable law, including Section 1.6003 of Title 47 of the Code of Federal Regulations. (c) If a local agency does not approve broadband permit applications for substantially similar wireless broadband project sites submitted for batch broadband permit processing pursuant to this section and issue permits, or reject the applications and notify the applicants, within the presumptively reasonable time or a longer period permitted under applicable law, all of the permits shall be deemed approved pursuant to Section 65964.1. (d) The Legislature finds and declares that batch broadband permitting processing will allow local governments to still receive permit fees, but staff can more easily process routine, high-volume broadband permits as a group instead of individually to help bridge the digital divide and more quickly connect communities to high-speed internet. This will allow the state to meet the federal broadband funding deadline of December 31, 2024, while creating greater broadband equity amongst communities so more individuals can have access to high-speed internet for emergency response, remote work, telehealth, education, and commerce. (e) The requirements of this section shall not apply to eligible facility requests, as defined and governed by Section 1455 of Title 47 of the United States Code. (f) (1) This section does not preclude a local agency from requiring compliance with any requirements relating to the design, construction, or location of broadband projects that the local agency is otherwise authorized to impose or enforce under applicable law, including, without limitation, any generally applicable health and safety requirements. (2) If a broadband permit application is denied, the local agency shall notify the applicant in writing of the reasons for the denial. (g) The provisions of this section shall not apply to poles located within the limits of the City and County of San Francisco, if the poles are used for the primary purpose of operating San Francisco Municipal Transportation Agency public transit vehicles. (h) Nothing in this section shall supersede, nullify, or otherwise alter the requirements to comply with safety standards, including, but not limited to, both of the following: (1) Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1. (2) The Public Utilities Commission’s General Order No. 128, Rules for Construction of Underground Electric Supply and Communication Systems, or successor rules adopted by the commission. (i) (1) A local agency may place reasonable limits on the number of broadband project sites that are grouped into a single permit while undertaking batch broadband permit processing. (2) A reasonable limit imposed pursuant to paragraph (1) shall be no less than either of the following: (A) For a city with a population of fewer than 50,000 or a county with a population of fewer than 150,000, including each city within that county, 25 project sites. (B) For a city or county with a population greater than the applicable population described in subparagraph (A), 50 project sites. (3) A local agency may only remove a broadband project site from grouping under a single permit under mutual agreement with the applicant or to expedite the approval of other substantially similar broadband project sites. (j) A local agency may impose a fee on batch broadband permitting processing consistent with Section 50030. Where limited resources affect a local agency’s ability to process applications for a broadband project, including batched applications, a local agency shall work with the applicant in good faith to resolve those resource limitations, which may include, but is not limited to, provision by the applicant of supplemental resources. (Added by Stats. 2023, Ch. 553, Sec. 3. (AB 965) Effective January 1, 2024.)
65964.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. )
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Local agencies must allow microtrenching for underground fiber installs unless they make a written public-health-or-safety finding; they may also charge permit fees subject to limits.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 6. Development Permits for Classes of Projects [65960 - 65964.5] ( Article 6 added by Stats. 1978, Ch. 1271. ) ## 65964.5. (a) For purposes of this section, the following definitions apply: (1) “Fiber” means fiber optic cables, and related ancillary equipment such as conduit, ancillary cables, hand holes, vaults, and terminals. (2) “Local agency” means a city, county, city and county, charter city, special district, or publicly owned utility. (3) “Microtrench” means a narrow open excavation trench that is less than or equal to 4 inches in width and not less than 12 inches in depth and not more than 26 inches in depth and that is created for the purpose of installing a subsurface pipe or conduit. (4) “Microtrenching” means excavation of a microtrench. (b) (1) The local agency with jurisdiction to approve excavations shall allow microtrenching for the installation of underground fiber if the installation in the microtrench is limited to fiber, unless the local agency makes a written finding that allowing microtrenching for a fiber installation would have a specific, adverse impact on the public health or safety. (2) Upon mutual agreement, a microtrench may be placed shallower than 12 inches in depth. (3) To the extent necessary, a local agency with jurisdiction to approve excavations shall adopt or amend existing policies, ordinances, codes, or construction rules to allow for microtrenching pursuant to this subdivision. (4) Nothing in this section shall supersede, nullify, or otherwise alter the requirements to comply with safety standards, including, but not limited to, the following: (A) Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1. (B) Public Utilities Commission General Order No. 128, or a successor standard. (c) A local agency may impose a fee on an application for a permit to install fiber consistent with Section 50030. The reasonable costs of providing the service for which the fee is charged, as that phrase is used in Section 50030, shall be limited to the reasonable costs of the local agency to process and issue the permit and inspect the installation that is the subject of the permit, including any costs incurred if the applicant elects to expedite processing and review. (d) The Legislature finds and declares that installation of fiber is critical to the deployment of broadband services and other utility services, is a matter of statewide concern, and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (Added by Stats. 2021, Ch. 677, Sec. 3. (SB 378) Effective January 1, 2022.)
65965.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.6. Mitigation Lands: Nonprofit Organizations [65965 - 65968] ( Chapter 4.6 added by Stats. 2006, Ch. 577, Sec. 2. )
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This section defines key terms used in the mitigation lands chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.6. Mitigation Lands: Nonprofit Organizations [65965 - 65968] ( Chapter 4.6 added by Stats. 2006, Ch. 577, Sec. 2. ) ## 65965. For the purposes of this chapter, the following definitions apply: (a) “Endowment” means the funds that are conveyed solely for the long-term stewardship of a mitigation property. Endowment funds are held as charitable trusts that are permanently restricted to paying the costs of long-term management and stewardship of the mitigation property for which the funds were set aside. Endowments shall be governed by the underlying laws, regulations, and specific governmental approvals under those laws and regulations pursuant to which the endowments were exacted, consistent with subdivision (b) of Section 65966 and with the Uniform Prudent Management of Institutional Funds Act (Part 7 (commencing with Section 18501) of Division 9 of the Probate Code). Endowments do not include funds conveyed for meeting short-term performance objectives of a project. (b) “Community foundation” means any community foundation that meets all of the following requirements: (1) Meets the requirements of a community trust under Section 1.170A-9(f)(10)-(11) of Title 26 of the Code of Federal Regulations. (2) Is exempt from taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code. (3) Is qualified to do business in this state. (4) Is a “qualified organization” as defined in Section 170(h)(3) of the Internal Revenue Code. (5) Has complied with National Standards for U.S. Community Foundations as determined by the Community Foundations National Standards Board, a supporting organization of the Council on Foundations. (6) Is registered with the Registry of Charities and Fundraisers maintained by the Attorney General pursuant to Section 12584. (c) “Conservation easement” means a conservation easement created pursuant to Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of Division 2 of the Civil Code. (d) “Direct protection” means the permanent protection, conservation, and preservation of lands, waters, or natural resources, including, but not limited to, agricultural lands, wildlife habitat, wetlands, endangered species habitat, open-space areas, or outdoor recreational areas. (e) “Governmental entity” means any state agency, office, officer, department, division, bureau, board, commission, public postsecondary educational institution, city, county, or city and county, or a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) that meets either of the following requirements: (1) The joint powers authority was created for the principal purpose and activity of the direct protection or stewardship of land, water, or natural resources, including, but not limited to, agricultural lands, wildlife habitat, wetlands, endangered species habitat, open-space areas, and outdoor recreational areas. (2) The joint powers authority was created for the purpose of constructing, maintaining, managing, controlling, and operating transportation infrastructure, such as major thoroughfares and bridges. (f) (1) “Mitigation agreement” means either of the following: (A) A written agreement between the project proponent and the entity qualified to hold the property and the endowment pursuant to this chapter, which is submitted to the state or local agency for the purpose of obtaining any permit, clearance, or mitigation approval from that state or local agency. (B) A written agreement between the project proponent and the entity qualified to hold the property pursuant to this chapter, including any agreement with an entity qualified to hold the endowment pursuant to this chapter, which is submitted to the state or local agency for the purpose of obtaining any permit, clearance, or mitigation approval from that state or local agency. (2) A mitigation agreement shall govern the long-term stewardship of the property and the endowment. (g) “Congressionally chartered foundation” means a nonprofit organization that meets all of the following requirements: (1) Is chartered by the United States Congress. (2) Is exempt from taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code. (3) Is qualified to do business in this state. (4) Is registered with the Registry of Charities and Fundraisers maintained by the Attorney General pursuant to Section 12584. (5) Has as a purpose the conservation and management of fish, wildlife, plants, and other natural resources, which includes, but is not limited to, the direct protection or stewardship of land, water, or natural wildlife habitat, wetlands, endangered species habitat, open-space areas, and outdoor recreational areas. (h) “Nonprofit organization” means any nonprofit organization that meets all of the following requirements: (1) Is exempt from taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code. (2) Is qualified to do business in this state. (3) Is a “qualified organization” as defined in Section 170(h)(3) of the Internal Revenue Code. (4) Is registered with the Registry of Charities and Fundraisers maintained by the Attorney General pursuant to Section 12584. (5) Has as its principal purpose and activity the direct protection or stewardship of land, water, or natural resources, including, but not limited to, agricultural lands, wildlife habitat, wetlands, endangered species habitat, open-space areas, and outdoor recreational areas. (i) “Project proponent” means an individual, business entity, agency, or other entity that is developing a project or facility and is required to mitigate any adverse impact upon natural resources. (j) “Property” means fee title land or any partial interest in real property, including a conservation easement, that may be conveyed pursuant to a mitigation requirement by a state or local agency. (k) “Special district” means any of the following special districts: (1) A special district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 or Division 26 (commencing with Section 35100) of the Public Resources Code. (2) A resource conservation district organized pursuant to Division 9 (commencing with Section 9001) of the Public Resources Code. (3) A district organized or formed pursuant to the Metropolitan Water District Act (Chapter 209 of the Statutes of 1969). (4) A county water district organized under Division 12 (commencing with Section 30000) of the Water Code, that has more than 5,000 acres of mitigation lands. (5) A special district formed pursuant to Chapter 2 (commencing with Section 11561) of Division 6 of the Public Utilities Code that provides water and wastewater treatment services. (6) A district organized or formed pursuant to the County Water Authority Act (Chapter 545 of the Statutes of 1943). (7) A local flood control district formed pursuant to any law. (l) “Stewardship” encompasses the range of activities involved in controlling, monitoring, and managing for conservation purposes a property, or a conservation or open-space easement, as defined by the terms of the easement, and its attendant resources. (Amended by Stats. 2023, Ch. 478, Sec. 43. (AB 1756) Effective January 1, 2024.)
65966.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.6. Mitigation Lands: Nonprofit Organizations [65965 - 65968] ( Chapter 4.6 added by Stats. 2006, Ch. 577, Sec. 2. )
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This section requires mitigation-related conservation easements to be perpetual and sets rules for how stewardship endowments, reports, fees, and replacement property proceeds must be handled.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.6. Mitigation Lands: Nonprofit Organizations [65965 - 65968] ( Chapter 4.6 added by Stats. 2006, Ch. 577, Sec. 2. ) ## 65966. (a) Any conservation easement created as a component of satisfying a local or state mitigation requirement shall be perpetual in duration, whether created pursuant to Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1 of Title 5 of this code or Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of the Civil Code. (b) Any local or state agency that requires property to be protected pursuant to subdivision (a) or (b) of Section 65967 may identify how the funding needs of the long-term stewardship of the property will be met. Nothing in this chapter shall be construed as otherwise precluding other methods of funding for the long-term stewardship of the property. If an endowment is conveyed or secured at the time the property is protected, all of the following shall apply: (1) The endowment shall be held, managed, invested, and disbursed solely for, and permanently restricted to, the long-term stewardship of the specific property for which the funds were set aside. (2) The endowment shall be calculated to include a principal amount that, when managed and invested, is reasonably anticipated to cover the annual stewardship costs of the property in perpetuity. (3) The endowment shall be held, managed, invested, disbursed, and governed as described in subdivision (a) of Section 65965 consistent with the Uniform Prudent Management of Institutional Funds Act (Part 7 (commencing with Section 18501) of Division 9 of the Probate Code). (c) If a nonprofit corporation holds the endowment, the nonprofit shall utilize generally accepted accounting practices that are promulgated by the Financial Accounting Standards Board or any successor entity. (d) If a local agency holds the endowment, the local agency shall do all of the following: (1) Hold, manage, and invest the endowment consistent with subdivision (b) to the extent allowed by law. (2) Disburse funds on a timely basis to meet the stewardship expenses of the entity holding the property. (3) Utilize accounting standards consistent with standards promulgated by the Governmental Accounting Standards Board or any successor entity. (e) (1) Unless the mitigation agreement provides that another person or entity shall prepare the annual fiscal report described below, a governmental entity, community foundation, special district, a congressionally chartered foundation, or a nonprofit organization that holds funds pursuant to this chapter, including an endowment or moneys for initial stewardship costs, shall provide the local or state agency that required the endowment with an annual fiscal report that contains at least the following elements with respect to each individual endowment dedicated and held by that entity: (A) The balance of each individual endowment at the beginning of the reporting period. (B) The amount of any contribution to the endowment during the reporting period including, but not limited to, gifts, grants, and contributions received. (C) The net amounts of investment earnings, gains, and losses during the reporting period, including both realized and unrealized amounts. (D) The amounts distributed during the reporting period that accomplish the purpose for which the endowment was established. (E) The administrative expenses charged to the endowment from internal or third-party sources during the reporting period. (F) The balance of the endowment or other fund at the end of the reporting period. (G) The specific asset allocation percentages including, but not limited to, cash, fixed income, equities, and alternative investments. (H) The most recent financial statements for the organization audited by an independent auditor who is, at a minimum, a certified public accountant. (2) If an entity is required to submit an identical annual fiscal report pursuant to paragraph (1) to the Department of Fish and Game and any other state or local agency, then that report shall be provided only to the Department of Fish and Game. In that instance, the Department of Fish and Game shall provide a copy of that annual fiscal report on its Internet Web site for a minimum of five years. (f) If a state agency authorizes a governmental entity, special district, or nonprofit organization to hold property pursuant to subdivision (a) or (b) of Section 65967 in connection with a development project, the agency may require the project proponent to pay a one-time fee that does not exceed the reasonable costs of the agency in reviewing qualifications of potential holders of the property and approving those holders. This one-time fee shall be collected only if the agency can demonstrate its actual review of qualifications and approval of holders. (g) If a local agency authorizes a governmental entity, special district, or nonprofit organization to hold property or an endowment pursuant to this chapter, the agency may require the project proponent to pay a one-time fee that does not exceed the reasonable costs of the agency in reviewing qualifications of the parties identified in the mitigation agreement, approving those parties, and any regular oversight over those parties to ensure that the parties are complying with all applicable laws. This one-time fee shall be collected only if the agency can demonstrate its actual review of qualifications, approval of parties, or regular oversight of compliance and performance. (h) A local agency may require a project proponent to provide a one-time payment that will provide for the initial stewardship costs for up to three years while the endowment begins to accumulate investment earnings. The funds for the initial stewardship costs are distinct from the funds that may be conveyed for long-term stewardship, construction, or other costs. If there are funds remaining at the completion of the initial stewardship period, the funds shall be conveyed to the project proponent. (i) The local agency may contract with or designate a qualified third party to do any of the following: (1) Review the qualifications of a governmental entity, special district, or nonprofit organization to effectively manage and steward natural land or resources pursuant to subdivision (c) of Section 65967. (2) Review the qualifications of a governmental entity, community foundation, or nonprofit organization to hold and manage the endowment that is set aside for long-term stewardship of the property. (3) Review reports or other performance indicators to evaluate the stewardship of lands, natural resources, or funds, and compliance with the mitigation agreement. (j) If a property conserved pursuant to subdivision (a) or (b) of Section 65967 is condemned, the net proceeds from the condemnation of the real property interest set aside for mitigation purposes shall be used for the purchase of property that replaces the natural resource characteristics the original mitigation was intended to protect, or as near as reasonably feasible. Any endowment held for the condemned property shall be held for the long-term stewardship of the replacement property. (k) Unless prohibited by law, no provision in this chapter is intended to prohibit for-profit entities from holding, acquiring, or providing property for mitigation purposes. (l) Nothing in this section shall prohibit a state agency from exercising any powers described in subdivision (d), (g), or (h). (m) A governmental entity, special district, or nonprofit organization may contract with a community foundation or congressionally chartered foundation at any time to hold, manage, and invest the endowment for a mitigation property and disburse payments from the endowment to the holder of the mitigation property consistent with the fund agreement. (n) Except as expressly authorized in paragraph (1) of subdivision (e), the mitigation agreement shall not include any provision to waive or exempt the parties from any requirement, in whole or part, of this chapter. (o) Subdivisions (b) to (e), inclusive, shall not apply to funds, including funds from mitigation fees, held for the long-term management and stewardship of property pursuant to either an interim or approved habitat conservation plan pursuant to Chapter 35 (commencing with Section 1531) of Title 16 of the United States Code or an interim or approved natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, if, in the interim or approved plan documents, the permitting agency determines the endowment to be established with those funds will be adequate and provides a schedule for funding the endowment. (Amended by Stats. 2012, Ch. 705, Sec. 3. (SB 1094) Effective September 28, 2012.)
65967.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.6. Mitigation Lands: Nonprofit Organizations [65965 - 65968] ( Chapter 4.6 added by Stats. 2006, Ch. 577, Sec. 2. )
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State or local agencies may authorize certain entities to hold and manage mitigation property, must use due diligence in reviewing stewardship qualifications, and may require periodic reports.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.6. Mitigation Lands: Nonprofit Organizations [65965 - 65968] ( Chapter 4.6 added by Stats. 2006, Ch. 577, Sec. 2. ) ## 65967. (a) If a state or local agency requires a project proponent to transfer property to mitigate any adverse impact upon natural resources caused by permitting the development of a project or facility, the agency may authorize a governmental entity, special district, a nonprofit organization, a for-profit entity, a person, or another entity to hold title to and manage that property. (b) If a state or local agency, in the development of its own project, is required to protect property to mitigate an adverse impact upon natural resources, the agency may take any action that the agency deems necessary in order to meet its mitigation obligations, including, but not limited to, the following: (1) Transfer the interest, or obligation to restore and enhance property, to a governmental entity, special district, or nonprofit organization that meets the requirements set forth in subdivision (c). (2) Provide funds to a governmental entity, nonprofit organization, a special district, a for-profit entity, a person, or other entity to acquire land or easements, or to implement a restoration or enhancement project, that satisfies the agency’s mitigation obligations. (3) Hold an endowment in an account administered by an elected official provided that the state or local agency is protecting, restoring, or enhancing its own property. (c) A state or local agency shall exercise due diligence in reviewing the qualifications of a governmental entity, special district, or nonprofit organization to effectively manage and steward land, water, or natural resources. The local agency may adopt guidelines to assist it in that review process, which may include, but are not limited to, the use of or reliance upon guidelines, standards, or accreditation established by a qualified entity that are in widespread state or national use. (d) The state or local agency may require the governmental entity, special district, or nonprofit organization to submit a report not more than once every 12 months and for the number of years specified in the mitigation agreement that details the stewardship and condition of the property and any other requirements pursuant to the mitigation agreement for the property. (e) The recorded instrument that places the fee title or partial interest in real property with a governmental entity, special district, nonprofit organization, or for-profit entity, pursuant to subdivision (a) or (b) shall include a provision that if the state or local agency or its successor agency reasonably determines that the property conveyed to meet the mitigation requirement is not being held, monitored, or stewarded for conservation purposes in the manner specified in that instrument or in the mitigation agreement, the property shall revert to the state or local agency, or to another public agency, governmental entity, special district, or nonprofit organization pursuant to subdivision (c) and subject to approval by the state or local agency. If a state or local agency determines that a property must revert, it shall work with the parties to the mitigation agreement, or other affected entities, to ensure that any contracts, permits, funding, or other obligations and responsibilities are met. (Amended by Stats. 2012, Ch. 705, Sec. 4. (SB 1094) Effective September 28, 2012.)
65968.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.6. Mitigation Lands: Nonprofit Organizations [65965 - 65968] ( Chapter 4.6 added by Stats. 2006, Ch. 577, Sec. 2. )
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This section tells who may hold a mitigation endowment, what the holder must do with the funds, and when the endowment must revert to another holder.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.6. Mitigation Lands: Nonprofit Organizations [65965 - 65968] ( Chapter 4.6 added by Stats. 2006, Ch. 577, Sec. 2. ) ## 65968. (a) Notwithstanding Section 13014 of the Fish and Game Code, if an endowment is conveyed pursuant to Section 65966 for property conveyed pursuant to Section 65967, the endowment may be held by the same governmental entity, special district, or nonprofit organization that holds the property pursuant to this section. (b) (1) Except as permitted pursuant to paragraph (2), the endowment shall be held by one of the following: (A) The agency or agencies that required the mitigation. (B) The governmental entity, special district, or nonprofit organization that either holds the property, or holds an interest in the property, for conservation purposes. (C) The governmental entity or special district that retains the property after conveying an interest in the property for conservation purposes if that governmental entity or special district is protecting, restoring, or enhancing the property that was retained. (2) The exceptions to paragraph (1) are the following: (A) An endowment that is held by an entity other than the state or holder of the mitigation property as of January 1, 2012. (B) An endowment that is held by another entity, which is qualified pursuant to this chapter, pursuant to the terms of a natural community conservation plan (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code) or a safe harbor agreement (Article 3.7 (commencing with Section 2089.2) of Chapter 1.5 of Division 3 of the Fish and Game Code). In order for this paragraph to apply, prior to setting aside any endowments, the implementation agreement that is a part of an approved natural community conservation plan, the planning agreement for any natural community conservation plan that has not yet been approved, or the safe harbor agreement shall specifically address the arrangements for the endowment including, but not limited to, qualifications of the endowment holder, capitalization rate, return objectives, and the spending rule and disbursement policies. (C) If existing law prohibits the holder of the mitigation property to hold the endowment, including for-profit entities. (D) If the project proponent and the holder of the mitigation property or conservation easement agree that a community foundation or a congressionally chartered foundation shall hold the endowment. (E) If the mitigation property is held or managed by a federal agency. (F) If any of the same mitigation property is required to be conveyed pursuant to both a federal and state governmental approval, and under the federal governmental approval the federal agency does not approve one of the entities described in paragraph (1) of subdivision (b) as chosen to hold the endowment by the agreement of the project proponent and the holder of the mitigation property or conservation easement. (c) A community foundation or congressionally chartered foundation that holds an endowment pursuant to subparagraphs (A) to (F), inclusive, of paragraph (2) of subdivision (b), shall meet all the qualifications and requirements of this chapter for holding, managing, investing, and disbursing the endowment funds. (d) Any entity that holds an endowment under this chapter shall hold, manage, invest, and disburse the funds in furtherance of the long-term stewardship of the property in accordance with subdivision (a) of Section 65965. (e) The holder of an endowment shall certify to the project proponent or the holder of the mitigation property or a conservation easement and the local or state agency that required the endowment that it meets all of the following requirements: (1) The holder has the capacity to effectively manage the mitigation funds. (2) The holder has the capacity to achieve reasonable rates of return on the investment of those funds similar to those of other prudent investors for endowment funds and shall manage and invest the endowment in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances, consistent with the Uniform Prudent Management of Institutional Funds Act (Part 7 (commencing with Section 18501) of Division 9 of the Probate Code). (3) The holder utilizes generally accepted accounting practices as promulgated by either of the following: (A) The Financial Accounting Standards Board or any successor entity for nonprofit organizations. (B) The Governmental Accounting Standards Board or any successor entity for public agencies, to the extent those practices do not conflict with any requirement for special districts in Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5. (4) The holder will be able to ensure that funds are accounted for, and tied to, a specific property. (5) If the holder is a nonprofit organization, a community foundation, or a congressionally chartered foundation, it has an investment policy that is consistent with the Uniform Prudent Management of Institutional Funds Act (Part 7 (commencing with Section 18501) of Division 9 of the Probate Code). (f) If a governmental entity, community foundation, special district, nonprofit organization, or a congressionally chartered foundation meets the requirements of this chapter, it is qualified to be a holder of the endowment for the purpose of obtaining any permit, clearance, or mitigation approval from a state or local agency. (g) Except for a mitigation agreement prepared by a state agency, the mitigation agreement that authorizes the funds to be conveyed to a governmental entity, community foundation, special district, a congressionally chartered foundation, or nonprofit organization pursuant to subdivision (a) shall include a provision that requires the endowment be held by a governmental entity, special district, or a nonprofit organization to revert to the local agency, or to a successor organization identified by the agency and subject to subdivision (e), if any of the following occurs: (1) The governmental entity, community foundation, special district, a congressionally chartered foundation, or nonprofit organization ceases to exist. (2) The governmental entity, community foundation, special district, a congressionally chartered foundation, or nonprofit organization is dissolved. (3) The governmental entity, community foundation, special district, a congressionally chartered foundation, or nonprofit organization becomes bankrupt or insolvent. (4) The local agency reasonably determines that the endowment held by the governmental entity, community foundation, special district, or nonprofit organization, or its successor entity, is not being held, managed, invested, or disbursed for conservation purposes and consistent with the mitigation agreement and legal requirements. Any reverted funds shall continue to be held, managed, and disbursed only for long-term stewardship and benefit of the specific property for which they were set aside. If the funds revert from the governmental entity, community foundation, special district, or nonprofit organization, the special district or nonprofit organization may choose to relinquish the property. If the property is relinquished, the local agency shall accept title to the property or identify an approved governmental entity, community foundation, special district, or nonprofit organization to accept title to the property. (h) Nothing in this section shall prohibit a state or local agency from determining that a governmental entity, community foundation, special district, a congressionally chartered foundation, or nonprofit organization meets the requirements of this section and is qualified to hold the endowment, or including a provision in the mitigation agreement as described in subdivision (g). (i) A state or local agency may allow the endowment to be held temporarily in an escrow account until December 31, 2012, after which time the funds shall be transferred to the entity that will permanently hold the endowment. (j) Subject to subdivision (g), any endowment that is conveyed to and held by a governmental entity, special district, or nonprofit organization pursuant to this section shall continue to be held by the entity if this section is repealed. (k) A state or local agency shall not require, as a condition of obtaining any permit, clearance, agreement, or mitigation approval from the state or local agency, that a preferred or exclusively named entity by the state or local agency be named as the entity to hold, manage, invest, and disburse the funds in furtherance of the long-term stewardship of the property for which the funds were set aside. (l) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. (Amended by Stats. 2021, Ch. 735, Sec. 3. (SB 716) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)
6597.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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Public capital improvements financed by the authority must pay interest within a reasonable time after the authority receives bond revenues or proceeds.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6597. All public capital improvements financed by the authority shall pay interest within a reasonable time after the authority receives revenues or proceeds from bonds as provided under this article. (Added by Stats. 1985, Ch. 868, Sec. 6. Effective September 23, 1985.)
6597.5.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
Verify source ↗

Public capital improvements financed by the authority must follow the authority’s rules, and after the bonds are paid off or otherwise secured as required, the authority may release and transfer its interests.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6597.5. All public capital improvements financed by the authority shall be constructed or completed subject to the rules and regulations of the authority. When the principal of, and interest on, bonds of the authority issued to finance the cost of a particular public capital improvement, including any refunding bonds issued to refund and refinance all, or any part, of these bonds, have been fully paid and retired, or when adequate provisions have been made for their payment and retirement and all other conditions of any resolution, lease, indenture, mortgage or deed of trust, security interest, or any other instrument authorizing and securing the bonds have been satisfied, and any lien created has been released in accordance with the provisions thereof, the authority is authorized, upon the terms and conditions it prescribes, to execute releases, release deeds, reassignments, deeds, and conveyances and to do all things necessary or required to convey or release its rights, title, and interest in the public capital improvement financed and in any other instruments pledged or transferred to secure bonds to local agencies, as their respective interests may appear. (Added by Stats. 1985, Ch. 868, Sec. 6. Effective September 23, 1985.)
65970.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

The Legislature states that new residential development can require more school facilities and new financing methods are needed for those facilities.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65970. The Legislature finds and declares as follows: (a) Adequate school facilities should be available for children residing in new residential developments. (b) Public and private residential developments may require the expansion of existing public schools or the construction of new school facilities. (c) In many areas of the state, the funds for the construction of new classroom facilities are not available when new development occurs, resulting in the overcrowding of existing schools. (d) New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated under existing law within a reasonable period of time. (e) That, for these reasons, new and improved methods of financing for interim school facilities necessitated by new development are needed in California. (Added by Stats. 1977, Ch. 955.)
65971.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

A school district governing body must notify the city or county when it finds severe overcrowding conditions and no feasible way to reduce them, and the city or county must wait, then decide whether to concur.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65971. (a) The governing body of a school district that operates an elementary or high school shall notify the city council or board of supervisors of the city or county within which the school district is located if the governing body makes both of the following findings supported by clear and convincing evidence: (1) That conditions of overcrowding exist in one or more attendance areas within the district that will impair the normal functioning of educational programs, including the reason for the existence of those conditions. (2) That all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing those conditions exist. (b) (1) The notice of findings sent to the city or county pursuant to subdivision (a) shall specify the mitigation measures considered by the school district. The notice of findings shall include a completed application to the Office of Public School Construction for preliminary determination of eligibility under the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 12 (commencing with Section 17000) of Part 10 of the Education Code). The city council or board of supervisors shall take no action on the notice of findings sent to the city or county pursuant to subdivision (a) until the findings have been made available to the public for 60 days after the date of receipt by the city or county. The city council or board of supervisors shall either concur or not concur in the notice of findings within 61 days to 150 days after the date of receipt of the findings. The city council or board of supervisors may extend the period to concur or not to concur for one 30-day period. The failure of the city council or board of supervisors to either concur or not concur within the time period prescribed in this subdivision shall not be deemed as an act of concurrence in the notice of findings by the council or board. (2) The date of receipt of the notice of findings is the date when all of the materials required by this section are completed and filed by the school district with the city council or board of supervisors. (3) If the city council or board of supervisors concurs in those findings, Section 65972 shall be applicable to actions taken on residential development by the city council or board of supervisors. (Amended by Stats. 2006, Ch. 538, Sec. 315. Effective January 1, 2007.)
65972.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

In overcrowded attendance areas, the city council or board of supervisors cannot approve certain residential rezoning, residential permits, or tentative subdivision maps unless specified findings are made.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65972. Within the attendance area where it has been determined pursuant to Section 65971 that conditions of overcrowding exist, the city council or board of supervisors shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes, within such area, unless the city council or board of supervisors makes one of the following findings: (1) That an ordinance pursuant to Section 65974 has been adopted, or (2) That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the city council or board of supervisors would benefit the city or county, thereby justifying the approval of a residential development otherwise subject to Section 65974. (Added by Stats. 1977, Ch. 955.)
65973.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

This section defines key terms used in the chapter, including overcrowding conditions, reasonable mitigation methods, and residential development.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65973. As used in this chapter, the following terms have the following meanings: (a) “Conditions of overcrowding” means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of the school as determined by the governing body of the district. (b) “Reasonable methods for mitigating conditions of overcrowding” includes, but is not limited to, agreements between a subdivider or builder and the affected school district whereby temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used and agreements between the affected school district and other school districts whereby the affected school district agrees to lease or purchase surplus or underutilized school facilities from other school districts. (c) “Residential development” means a project containing residential dwellings, including mobilehomes, of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units. (Amended by Stats. 2006, Ch. 538, Sec. 316. Effective January 1, 2007.)
65974.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

Cities, counties, or city and county governments may require land dedication, in-lieu fees, or both for school classroom facilities as a condition of approving a residential development, if the listed conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65974. (a) For the purpose of establishing an interim method of providing classroom facilities where overcrowded conditions exist, as determined necessary pursuant to Section 65971, and notwithstanding Section 66478, a city, county, or city and county may, by ordinance, require the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools as a condition to the approval of a residential development, if all of the following occur: (1) The general plan provides for the location of public schools. (2) The ordinance has been in effect for a period of 30 days prior to the implementation of the dedication or fee requirement. (3) The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities. If fees are paid in lieu of the dedication of land and those fees are utilized to purchase land, no more land shall be purchased than is necessary for the placement thereon of interim facilities. (4) The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and be limited to the needs of the community for interim elementary or high school facilities and shall be reasonably related and limited to the need for schools caused by the development. However, the value of the land to be dedicated or the amount of fees to be paid, or both, shall not exceed the amount necessary to pay five annual lease payments for the interim facilities. In lieu of the dedication of land or the payment of fees, or both, the builder of a residential development may, at his or her option and at his or her expense, provide interim facilities, owned or controlled by the builder, at the place designated by the school district, and at the conclusion of the fifth school year the builder shall, at the builder’s expense, remove the interim facilities from that place. (5) A finding is made by the city council or board of supervisors that the facilities to be constructed from the fees or the land to be dedicated, or both, is consistent with the general plan. (b) The ordinance may specify the methods for mitigating the conditions of overcrowding that the school district shall consider when making the finding required by paragraph (2) of subdivision (a) of Section 65971. (c) If the payment of fees is required, the payment shall be made at the time the building permit is issued or at a later time as may be specified in the ordinance. (d) Only the payment of fees may be required in subdivisions containing 50 parcels or less. (e) (1) Notwithstanding any other provision of this chapter, contracts entered into or contracts to be entered into pursuant to a school facilities master plan administered by a joint powers authority created under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 for a designated community plan area adopted by a city, county, or city and county, whether general law or chartered, on or before September 1, 1986, that requires the payment of a fee, charge, or dedication for the construction of school facilities as a condition to the approval of residential development shall not be subject to subdivision (b) of Section 65995. However, in determining developer fees under that school facilities master plan, the cost and maximum building area standards for school buildings prescribed by Chapter 12 (commencing with Section 17000) of Part 10 of the Education Code shall apply, and the school district or districts involved are required to have on file with the Office of Public School Construction, and actively pursue in good faith, an application for preliminary determination of eligibility for project funding under that chapter, and shall actively pursue in good faith the establishment of a community capital facilities district or other permanent financing mechanisms to reduce or eliminate developer fees. (2) Any fees collected or land dedicated after September 1, 1986, pursuant to this section, and not used to avoid overcrowding of the facilities to be built pursuant to the school facilities master plan, shall be subject to disposition in accordance with subdivision (b) of Section 65979. (3) Fees collected in excess of the limitations set forth in subdivision (b) of Section 65995 for schools constructed under that school facilities master plan shall neither advantage nor disadvantage a school district’s application for project funding under Chapter 12 (commencing with Section 17000) of Part 10 of the Education Code. (Amended by Stats. 2006, Ch. 538, Sec. 317. Effective January 1, 2007.)
65974.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

A school district governing board may use certain chapter-collected funds for authorized construction or reconstruction purposes if it has first held a public hearing.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65974.5. Notwithstanding any other provision of this chapter, the governing board of any school district that receives funds that are collected pursuant to this chapter under a local ordinance, resolution, or other regulation in existence on September 1, 1986, may expend those funds for any of the construction or reconstruction purposes authorized under Section 53080, where the governing board has first held a public hearing on the subject of the proposed expenditure. (Added by Stats. 1989, Ch. 1209, Sec. 24. Effective October 1, 1989.)
65975.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

A school district with approval for a school project may use collected interim-facility fees or the land’s fair market value toward its 10% project share, if the project is in the relevant attendance area.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65975. (a) Whenever a school district has received approval, under the State School Building Lease-Purchase Law of 1976, (Ch. 22 (commencing with Section 17700), Pt. 10, Ed. C.) of a school project to be constructed in an attendance area where fees have been collected pursuant to Section 65974, all or a portion of the fees so collected for interim facilities may be used by the district to provide its 10 percent of the project as required by item (1) of Section 17761 of the Education Code. Nothing in this section shall increase the amount of fees that would otherwise be collected pursuant to Section 65974. (b) Whenever a school district has received approval, under the State School Building Lease-Purchase Law of 1976 (Ch. 22 (commencing with Section 17700), Pt. 10, Ed. C.), of a school project to be constructed in an attendance area where land has been received pursuant to Section 65974, the district may use the fair market value of the land to provide all or a portion of its 10 percent of the school project as required by item (1) of subdivision (a) of Section 17761. In order to use the value of land to meet the 10 percent match requirement, the district shall construct the capital outlay project on the land used to make the match, and shall provide the full 10 percent of the project cost at one time as provided in item (1) of subdivision (a) of Section 17761 of the Education Code. (Added by Stats. 1983, Ch. 1254, Sec. 5.)
65976.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

The school district’s governing body must submit a schedule to the city council or board of supervisors explaining how land or fees will be used to address overcrowding, and must submit changes if it cannot meet the schedule.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65976. As a part of the notice required by Section 65971, or in any event before the city council or board of supervisors make a decision to require the dedication of land or the payment of fees, or both, or to increase the amount of land to be dedicated or the fees to be paid, or both, the governing body of the school district shall submit a schedule to the city council or board of supervisors specifying how the school district will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when those facilities will be available. If the governing body of the school district cannot meet the schedule, it shall submit modifications to the city council or board of supervisors and the reasons for the modifications. (Amended by Stats. 1985, Ch. 1498, Sec. 4.5.)
65977.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

If two school districts in the same attendance area are both overcrowded, the city or county governing body must make an agreement with each district about how to distribute revenues from fees under this chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65977. Where two separate school districts operate schools in an attendance area where overcrowding conditions exist for both school districts, the governing body of the city or county shall enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this chapter. (Added by Stats. 1977, Ch. 955.)
65978.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

School districts receiving funds under this chapter must keep a separate fee account and file a yearly report with local officials.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65978. Any school district receiving funds pursuant to this chapter shall maintain a separate account for any fees paid and shall file a report with the city council or board of supervisors on the balance in the account at the end of the previous fiscal year; the facilities leased, purchased, or constructed; and the dedication of land during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. The report shall be filed by October 15 of each year and shall be filed more frequently at the request of the board of supervisors or city council. The board of supervisors or city council may approve a 30-day extension for the filing of the report in the case of extenuating circumstances, as determined by the board of supervisors or city council. During the time that the report has not been filed in the manner prescribed in this section, there shall be a waiver of any performance of the payment of fees or the dedication of land. If overcrowding conditions no longer exist, the city or county shall cease levying any fee or requiring the dedication of any land pursuant to this chapter. (Amended by Stats. 1984, Ch. 1062, Sec. 1.)
65979.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

After one year from a school-construction apportionment, a city or county generally may not charge fees or require land dedication in the school’s attendance area; later-collected fees or land dedicated must be returned if not used to prevent overcrowding.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65979. (a) One year after receipt of an apportionment pursuant to the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 12 (commencing with Section 17000 of Part 10 of the Education Code) for the construction of a school, the city or county shall not be permitted thereafter, pursuant to this chapter or pursuant to any other school facilities financing arrangement the district may have with builders of residential development, to levy any fee or to require the dedication of any land within the attendance area of the school for which the apportionment was received. However, any time after receipt of the apportionment there may be a determination of overcrowding pursuant to Section 65971, if both of the following further findings are made: (1) That during the period of construction, or after construction has been completed, additional overcrowding would occur from continued residential development. (2) That any fee levied and any required dedication of land levied after the receipt of the construction apportionment can be used to avoid the additional overcrowding prior to the school being available for use by the school district. (b) Any amounts of fees collected or land dedicated after the receipt of the construction apportionment and not used to avoid overcrowding shall be returned to the person who paid the fee or made the land dedication. (Amended by Stats. 2006, Ch. 538, Sec. 318. Effective January 1, 2007.)
6598.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
Verify source ↗

Interest earned on bonds issued by the authority is exempt from state personal income tax and corporate income tax.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6598. Interest earned on any bonds issued by the authority shall at all times be free from state personal income tax and corporate income tax. (Added by Stats. 1985, Ch. 868, Sec. 6. Effective September 23, 1985.)
6598.5.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
Verify source ↗

Local agencies may request advice from the California Debt and Investment Advisory Commission about forming local bond pooling authorities and handling bonds under this article.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6598.5. Local agencies may request advice from the California Debt and Investment Advisory Commission pursuant to Section 8859 regarding the formation of local bond pooling authorities and the planning, preparing, insuring, marketing, and selling of bonds as authorized pursuant to this article. (Amended by Stats. 2002, Ch. 454, Sec. 3. Effective January 1, 2003.)
65980.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

This section defines several school-facility terms used for Section 65974.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65980. For the purposes of Section 65974 the following terms mean: (a) “Approval of a residential development” means any approval for the development prior to and including the issuance of a building permit for the development. (b) “Classroom facilities,” “classroom and related facilities,” and “elementary or high school facilities” mean “interim facilities” and shall include no other facilities. (c) “Interim facilities” are limited to any of the following: (1) Temporary classrooms not constructed with permanent foundation and defined as a structure containing one or more rooms, each of which is designed, intended, and equipped for use as a place for formal instruction of pupils by a teacher in a school. (2) Temporary classroom toilet facilities not constructed with permanent foundations. (3) Reasonable site preparation and installation of temporary classrooms. (4) Land necessary for the placement thereon of any of the facilities described in paragraph (1) or (2). (Amended by Stats. 1985, Ch. 1498, Sec. 6.)
65980.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

For purposes of Section 65974, interim facilities include leased residential dwellings used by the Lodi Unified School District for school purposes.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65980.1. Notwithstanding Section 69580, for the purposes of Section 65974, interim facilities shall include leased residential dwellings used by the Lodi Unified School District for school purposes. (Added by Stats. 1983, Ch. 82, Sec. 1. Effective June 14, 1983.)
65981.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. )
Verify source ↗

If a qualifying ordinance exists, the school district governing body must submit its fee recommendation to the city or county within 60 days after the initial permit is issued.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.7. School Facilities [65970 - 65981] ( Chapter 4.7 added by Stats. 1977, Ch. 955. ) ## 65981. If an ordinance has been adopted pursuant to Section 65974 which provides for the school district governing body to recommend the fees for providing interim facilities that are to be assessed on a development as a condition of city or county approval of a subdivision, such recommendation shall be required to be submitted to the respective city or county within 60 days following the issuance of the initial permit for the development. Failure to provide the recommendation of fees to be assessed within the 60-day period shall constitute a waiver by the governing body of the school district of its authority to request fees pursuant to this chapter. (Added by Stats. 1979, Ch. 282.)
6599.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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This section requires service of the complaint on the Attorney General and the Treasurer in certain bond-validation actions, and it limits court relief unless that service is proved. It also restricts bond issuance after a validation action is formally dismissed and the resolution withdrawn.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6599. (a) In an action filed pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any matter of an authority governed by this article, the authority and any interested person shall serve the Attorney General and the Treasurer with a copy of the complaint filed by the respective party by the first day of the publication of summons as required by Section 861 of the Code of Civil Procedure. A court may render no judgment in the matter or grant other permanent relief to any party except on proof of service of the Attorney General and the Treasurer as required by this section. (b) The Attorney General and the Treasurer are each interested persons pursuant to an action filed pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any authorizing bonds or the issuance of bonds. (c) Any authority that dismisses a validation action by formal act and withdraws the resolution may not issue bonds to construct, acquire, or finance a public capital improvement, except pursuant to Article 1 (commencing with Section 6500), unless the authority thereafter reauthorizes the issuance of the bonds and thereafter, if applicable, complies with Sections 6586.5 and 6586.7. (Added by Stats. 2000, Ch. 723, Sec. 5. Effective January 1, 2001.)
6599.01.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. )
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Local agencies may enter a joint pooling agreement to create a statewide insurance pooling arrangement for tort or public liability losses.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.01. Pursuant to Section 6 of Article XVI of the California Constitution, local agencies may enter into a joint pooling agreement to form a single statewide insurance pooling arrangement administered by a single statewide agency for the payment of tort liability or public liability losses incurred by such agencies. The agency shall be known as the Local Agency Self-Insurance Authority. (Added by Stats. 1986, Ch. 1327, Sec. 1.)
6599.02.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. )
Verify source ↗

This section defines “local agency,” “original board,” and “board” for this chapter.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.02. As used in this chapter: (a) “Local agency” means any city, county, city and county, school district, special district, authority, other political subdivision of or within the state, an association or consortium of school districts formed or operating pursuant to Section 35179 of the Education Code, or any joint powers authority composed of any of these agencies. (b) “Original board” means the first board of directors constituted and selected pursuant to Section 6599.06. (c) “Board” means the original board and any successor board selected and constituted under this chapter. (Amended by Stats. 1987, Ch. 32, Sec. 3. Effective May 29, 1987.)
6599.03.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. )
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The authority may issue revenue bonds or certificates of participation, and may pledge premium revenues to secure their payment.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.03. In addition to the powers specified in Chapter 5 (commencing with Section 6500), the authority may issue revenue bonds or certificates of participation, or both, to establish capital, surplus, and prudent reserves, and may secure payment of the bonds and interest by pledging all or part of its revenues from the receipt of premiums. (Added by Stats. 1986, Ch. 1327, Sec. 1.)
6599.04.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. )
Verify source ↗

Chapter 5 generally applies to the authority, unless this chapter says otherwise.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.04. Except as otherwise provided in this chapter, Chapter 5 (commencing with Section 6500) applies to the authority. (Added by Stats. 1986, Ch. 1327, Sec. 1.)
6599.05.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. )
Verify source ↗

The authority is not a state agency and may not pledge the state’s credit.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.05. The authority is not a state agency and has no power at any time or in any manner to pledge the credit of the state. (Added by Stats. 1986, Ch. 1327, Sec. 1.)
6599.06.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. )
Verify source ↗

The authority must be run by a board of directors, with specified organizations appointing the original directors and the original directors meeting by April 1, 1987.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.06. The authority shall be organized and administered by a board of directors. The original board shall be constituted and selected as follows: (a) Two directors shall be appointed by the County Supervisors Association of California and at least one shall have no less than five years of proven successful experience at a management level in providing risk management and insurance services to a county or an insurance joint powers agency composed of counties. (b) Two directors shall be appointed by the League of California Cities and at least one shall have not less than five years of proven successful experience at a management level in providing risk management and insurance services to a city or an insurance joint powers agency composed of cities. (c) One director shall be appointed by the California Special District Association and one director shall be appointed by the Association of California Water Agencies. (d) Two directors shall be appointed by the California School Boards Association and at least one member shall have no less than five years of proven successful experience at a management level in providing risk management and insurance services to a school district or an insurance joint powers agency composed of school districts. (e) One director shall be a person selected by a majority vote of the other eight members. (f) The original directors shall hold their first meeting not later than April 1, 1987, and shall hold office until the permanent composition of the board is determined by the agreement or agreements entered pursuant to this chapter and the appointment and qualification of their successors, but in no event longer than three years. (Added by Stats. 1986, Ch. 1327, Sec. 1.)
6599.07.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. )
Verify source ↗

Board members, officers, and employees of the authority are protected from individual or private liability for official acts and obligations if they act in good faith, without intent to defraud, and in connection with the authority’s work.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.07. There shall not be any liability in an individual or private capacity on the part of the board of directors or any member of the board, or any officer or employee of the authority for or on account of any act performed or obligation entered into in an official capacity, when done in good faith, without intent to defraud and in connection with the administration, management, or conduct of the authority or affairs relating to it. Members of the board and employees and officers of the authority are public employees for purposes of Division 3.6 (commencing with Section 810) of Title 1. (Added by Stats. 1986, Ch. 1327, Sec. 1.)
6599.08.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. )
Verify source ↗

The authority must be run on an actuarially sound, self-supporting basis. The original board may enter into the original joint powers agreement for the authority.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.08. The authority shall be operated on an actuarially sound basis and become neither more nor less than self-supporting. For that purpose, loss experience and expense shall be ascertained and credits, refunds, and assessments may be made as determined appropriate by the board. The authority shall have the powers and duties set forth in this chapter and the powers and duties given it by its agreement. The original board may enter into the original joint powers agreement creating and governing the authority, which shall be made subject to subsequent modification and termination by the members of the authority. (Added by Stats. 1986, Ch. 1327, Sec. 1.)
6599.09.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. )
Verify source ↗

The board must develop and carry out loss prevention, risk management, and safety programs, and set membership and exit standards for the authority.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.09. The board shall do all of the following: (a) Develop, promulgate, and effectuate loss prevention programs, risk management programs, and safety programs. (b) Subject to Section 6599.10, establish minimum standards for entry into membership and continued participation in the authority which shall include standards for risk management and loss control in addition to those other standards that the board deems appropriate. (c) Establish standards and requirements for exit from the authority, which shall include those limits and conditions on exit that the board determines appropriate to insure actuarial soundness of the authority. (Added by Stats. 1986, Ch. 1327, Sec. 1.)
6599.1.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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The legislative body must give the California Debt and Investment Advisory Commission advance written notice of bond sales and later report specified bond information and events on a set timetable.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6599.1. (a) The legislative body shall, no later than 30 days prior to the sale of any bonds pursuant to this article, give written notice of the proposed sale to the California Debt and Investment Advisory Commission by mail, postage prepaid, as required by Chapter 11.5 (commencing with Section 8855) of Division 1 of Title 2. (b) Beginning January 1, 1996, each year after the sale of any bonds by the authority for the purpose of acquiring local obligations, the legislative body shall, not later than October 30 of each year until the final maturity of the bonds, supply the following information to the California Debt and Investment Advisory Commission by mail, postage prepaid: (1) The principal amount of bonds outstanding, both authority bonds and local obligations acquired with the proceeds of authority bonds. (2) The balance in the reserve fund. (3) The costs of issuance, including any ongoing fees. (4) The total amount of administrative fees collected. (5) The amount of administrative fees charged to each local obligation. (6) The interest earnings and terms of all guaranteed investment contracts. (7) Commissions and fees paid on guaranteed investment contracts. (8) The delinquency rates on all local obligations. (9) The balance in capitalized interest accounts. (c) In addition, with respect to any bonds sold pursuant to this article, regardless of when sold, and until the final maturity of the bonds, the legislative body shall notify the California Debt and Investment Advisory Commission by mail, postage prepaid, within 10 days if any of the following events occur: (1) The local agency or its trustee fails to pay principal and interest due on any scheduled payment date. (2) Funds are withdrawn from a reserve fund to pay principal and interest on the bonds issued by the authority or any bonds acquired by the authority. (d) Neither the legislative body nor the California Debt and Investment Advisory Commission shall be liable for any inadvertent error in reporting the information required by this section. (Amended by Stats. 2002, Ch. 454, Sec. 4. Effective January 1, 2003.)
6599.10.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. )
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Local agencies may apply for membership in the authority, and the authority must admit a requesting agency that meets its underwriting standards and pays the prescribed premium.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 1. Organization and Powers [6599.01 - 6599.10] ( Article 1 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.10. All those local agencies that request membership in the authority and meet the standards established by the authority pursuant to Section 6599.09, for entry into and continued participation in the authority may become members of the authority. If the authority determines that a local agency requesting membership meets the underwriting standards of the authority, the authority, upon receipt of the premium prescribed by the authority, shall admit the requesting local agency to membership. No local agency may be denied membership unless the board determines the agency cannot be actuarially safely underwritten. Premiums shall be based upon all appropriate actuarial data, including, but not limited to, claims and loss experience of applicant member agencies. Local agencies may request membership individually or through insurance joint powers authorities. (Added by Stats. 1986, Ch. 1327, Sec. 1. Note: Sections 6599.1, 6599.2, and 6599.3 are in Chapter 5, following Section 6599.)
6599.2.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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The Attorney General or the Treasurer may file an action under the specified Code of Civil Procedure chapter, either together or separately, within 55 days after the required notice is mailed.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6599.2. Notwithstanding Sections 863 and 869 of the Code of Civil Procedure, the Attorney General or the Treasurer may jointly or separately file an action pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure at any time up to 55 days after notice required by Section 6586.7 is mailed by certified mail to the Sacramento offices of both the Attorney General and the Treasurer. (Amended by Stats. 2001, Ch. 159, Sec. 107. Effective January 1, 2002.)
6599.21.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 2. Amounts of Insurance [6599.21 - 6599.23] ( Article 2 added by Stats. 1986, Ch. 1327, Sec. 1. )
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The authority may cover risks only when liability from one occurrence exceeds $1,000,000, and it may not provide coverage above $25,000,000 for any one occurrence.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 2. Amounts of Insurance [6599.21 - 6599.23] ( Article 2 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.21. The authority may only cover risks to the extent that liability on any one occurrence exceeds one million dollars ($1,000,000), and may not provide coverage for any amount of liability on any one occurrence which exceeds twenty-five million dollars ($25,000,000). (Added by Stats. 1986, Ch. 1327, Sec. 1.)
6599.22.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 2. Amounts of Insurance [6599.21 - 6599.23] ( Article 2 added by Stats. 1986, Ch. 1327, Sec. 1. )
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The authority may set coverage limits for a member or group of members, but those limits cannot be below the minimum or above the maximum set by Section 6599.21.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 2. Amounts of Insurance [6599.21 - 6599.23] ( Article 2 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.22. The authority may establish limits on coverage for a member or category of members, but those limits may neither be less than the minimum nor more than the maximum limits established by Section 6599.21. (Added by Stats. 1986, Ch. 1327, Sec. 1.)
6599.23.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 2. Amounts of Insurance [6599.21 - 6599.23] ( Article 2 added by Stats. 1986, Ch. 1327, Sec. 1. )
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A local agency asking to join the authority may request coverage in any amount, as long as it stays within the minimum and maximum limits set by Section 6599.21.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 2. Amounts of Insurance [6599.21 - 6599.23] ( Article 2 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.23. A local agency requesting membership from the authority may request coverage in any sum, so long as the coverage requested is neither less than the minimum nor more than the maximum limits established by Section 6599.21. (Added by Stats. 1986, Ch. 1327, Sec. 1.)
6599.3.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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A court action may be brought to test the validity of certain bonds and related documents, and if filed it must be brought where the authority’s principal office is located.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6599.3. Notwithstanding any other provision of law, an action may be brought under Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, to determine the validity of any bonds issued under this article to finance the purchase of bonds for local agencies, the financing of public capital improvements or utility projects, or the purchase of VLF receivables pursuant to Section 6588.5 or Proposition 1A receivables pursuant to Section 6588.6 and any contracts of sale of VLF receivables or Proposition 1A receivables or utility project property entered into by any local agency, and any related documents. If an action is commenced, the action shall be brought in the jurisdiction in which the authority maintains its principal office and is not required to be brought in the jurisdiction or jurisdictions of any of the local agencies. However, publication of summons, as provided in Section 861 of the Code of Civil Procedure, shall be made in the county in which the authority maintains its principal office and in each county in which any local agency that has sold bonds to the authority, for which a public capital improvement is being financed or that has entered into a sales agreement for a VLF receivable or a Proposition 1A receivable where the authority is located. (Amended by Stats. 2013, Ch. 636, Sec. 6. (AB 850) Effective January 1, 2014.)
6599.31.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 3. Reports and Statements [6599.31- 6599.31.] ( Article 3 added by Stats. 1986, Ch. 1327, Sec. 1. )
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The authority’s books and records must be audited every year, and the audit summary must go to the members and be public.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 3. Reports and Statements [6599.31- 6599.31.] ( Article 3 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.31. The books and records of the authority shall be audited annually and a summary of the audit shall be provided to the authority’s members and shall be a public record. The audit shall be done by a certified public accountant pursuant to agreement with the authority. Each annual audit, or a separate annual actuarial analysis, shall determine whether the authority has sufficient assets and reserves to maintain actuarial soundness, and shall recommend to the board any amounts which the authority should credit, refund, or assess its members to retain that soundness. If any provision of this section conflicts with Section 6505, this section governs. (Added by Stats. 1986, Ch. 1327, Sec. 1.)
6599.41.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 4. Miscellaneous [6599.41- 6599.41.] ( Article 4 added by Stats. 1986, Ch. 1327, Sec. 1. )
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If the original board is not selected by January 1, 1990, this chapter stops being operative.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5.5. Local Agency Self-Insurance Authority [6599.01 - 6599.41] ( Chapter 5.5 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## ARTICLE 4. Miscellaneous [6599.41- 6599.41.] ( Article 4 added by Stats. 1986, Ch. 1327, Sec. 1. ) ## 6599.41. If the original board is not selected on or before January 1, 1990, this chapter shall cease to be operative. (Added by Stats. 1986, Ch. 1327, Sec. 1. Note: Condition for termination of Chapter 5.5 (commencing with Section 6599.01) failed.)
65990.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.8. Environmental Improvement Authorizations [65990 - 65993] ( Heading of Chapter 4.8 renumbered from Chapter 4.6 by Stats. 1983, Ch. 101, Sec. 86. )
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If a person seeks a public-agency authorization for work that improves an adverse environmental condition from an existing facility, the authorization may contain only conditions tied to that improvement.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.8. Environmental Improvement Authorizations [65990 - 65993] ( Heading of Chapter 4.8 renumbered from Chapter 4.6 by Stats. 1983, Ch. 101, Sec. 86. ) ## 65990. Notwithstanding any other provision of law, if a person applies for any authorization required by a public agency for the construction, operation, or removal of any article, machine, equipment, or contrivance for the purpose of improving an adverse environmental condition arising from an existing facility, the authorization shall include only those conditions or stipulations related to the improvement of the adverse environmental condition. (Added by Stats. 1981, Ch. 175, Sec. 1.)
65991.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.8. Environmental Improvement Authorizations [65990 - 65993] ( Heading of Chapter 4.8 renumbered from Chapter 4.6 by Stats. 1983, Ch. 101, Sec. 86. )
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This section says the chapter does not limit a public agency’s authority to require a monitoring program that can ensure an applicant follows all authorization conditions or stipulations.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.8. Environmental Improvement Authorizations [65990 - 65993] ( Heading of Chapter 4.8 renumbered from Chapter 4.6 by Stats. 1983, Ch. 101, Sec. 86. ) ## 65991. This chapter is not a limitation on the authority of a public agency to require a monitoring program that is capable of assuring the applicant’s conformance with all conditions or stipulations of the authorization. (Added by Stats. 1981, Ch. 175, Sec. 1.)
65992.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.8. Environmental Improvement Authorizations [65990 - 65993] ( Heading of Chapter 4.8 renumbered from Chapter 4.6 by Stats. 1983, Ch. 101, Sec. 86. )
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This chapter does not limit the authority of any public agency acting under Division 13 of the Public Resources Code.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.8. Environmental Improvement Authorizations [65990 - 65993] ( Heading of Chapter 4.8 renumbered from Chapter 4.6 by Stats. 1983, Ch. 101, Sec. 86. ) ## 65992. This chapter is not a limitation on the authority of any public agency pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. (Added by Stats. 1981, Ch. 175, Sec. 1.)
65993.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.8. Environmental Improvement Authorizations [65990 - 65993] ( Heading of Chapter 4.8 renumbered from Chapter 4.6 by Stats. 1983, Ch. 101, Sec. 86. )
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A public agency may require conditions, stipulations, and mitigation measures for certain project portions within its jurisdiction.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.8. Environmental Improvement Authorizations [65990 - 65993] ( Heading of Chapter 4.8 renumbered from Chapter 4.6 by Stats. 1983, Ch. 101, Sec. 86. ) ## 65993. As to any portion of a project for which an authorization is required that is not essential and directly related to the improvement of the adverse environmental condition, this chapter is not a limitation on the ability of a public agency to require any conditions or stipulations deemed necessary by the approving agency, including appropriate mitigation measures, within the jurisdiction of the agency. (Added by Stats. 1981, Ch. 175, Sec. 1.)
65995.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. )
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This section limits when school-facility fees or similar requirements can be imposed on development approvals, sets per-square-foot caps for residential and commercial/industrial construction, and bars agencies from denying approvals because someone refuses to pay more than the authorized amounts.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. ) ## 65995. (a) Except for a fee, charge, dedication, or other requirement authorized under Section 17620 of the Education Code, or pursuant to Chapter 4.7 (commencing with Section 65970), a fee, charge, dedication, or other requirement for the construction or reconstruction of school facilities shall not be levied or imposed in connection with, or made a condition of, any legislative or adjudicative act, or both, by any state or local agency involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization, as defined in Section 56021 or 56073. (b) Except as provided in Sections 65995.5 and 65995.7, the amount of any fees, charges, dedications, or other requirements authorized under Section 17620 of the Education Code, or pursuant to Chapter 4.7 (commencing with Section 65970), or both, shall not exceed the following: (1) In the case of residential construction, including the location, installation, or occupancy of manufactured homes and mobilehomes, one dollar and ninety-three cents ($1.93) per square foot of assessable space. “Assessable space,” for this purpose, means all of the square footage within the perimeter of a residential structure, not including any carport, covered or uncovered walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the city or county issuing the building permit, in accordance with the standard practice of that city or county in calculating structural perimeters. “Manufactured home” and “mobilehome” have the meanings set forth in subdivision (f) of Section 17625 of the Education Code. The application of any fee, charge, dedication, or other form of requirement to the location, installation, or occupancy of manufactured homes and mobilehomes is subject to Section 17625 of the Education Code. (2) In the case of any commercial or industrial construction, thirty-one cents ($0.31) per square foot of chargeable covered and enclosed space. “Chargeable covered and enclosed space,” for this purpose, means the covered and enclosed space determined to be within the perimeter of a commercial or industrial structure, not including any storage areas incidental to the principal use of the construction, garage, parking structure, unenclosed walkway, or utility or disposal area. The determination of the chargeable covered and enclosed space within the perimeter of a commercial or industrial structure shall be made by the building department of the city or county issuing the building permit, in accordance with the building standards of that city or county. For the determination of chargeable fees to be paid to the appropriate school district in connection with any commercial or industrial construction under the jurisdiction of the Office of Statewide Health Planning and Development, the architect of record shall determine the chargeable covered and enclosed space within the perimeter of a commercial or industrial structure. (3) The amount of the limits set forth in paragraphs (1) and (2) shall be increased in 2000, and every two years thereafter, according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting, which increase shall be effective as of the date of that meeting. (c) (1) Notwithstanding any other law, during the term of a contract entered into between a subdivider or builder and a school district, city, county, or city and county, whether general law or chartered, on or before January 1, 1987, that requires the payment of a fee, charge, or dedication for the construction of school facilities as a condition to the approval of residential construction, neither Section 17620 of the Education Code nor this chapter applies to that residential construction. (2) Notwithstanding any other provision of state or local law, construction that is subject to a contract entered into between a person and a school district, city, county, or city and county, whether general law or chartered, after January 1, 1987, and before the operative date of the act that adds paragraph (3) that requires the payment of a fee, charge, or dedication for the construction of school facilities as a condition to the approval of construction, may not be affected by the act that adds paragraph (3). (3) Notwithstanding any other provision of state or local law, until January 1, 2000, any construction not subject to a contract as described in paragraph (2) that is carried out on real property for which residential development was made subject to a condition relating to school facilities imposed by a state or local agency in connection with a legislative act approving or authorizing the residential development of that property after January 1, 1987, and before the operative date of the act adding this paragraph, shall be required to comply with that condition. Notwithstanding any other provision of state or local law, on and after January 1, 2000, any construction not subject to a contract as described in paragraph (2) that is carried out on real property for which residential development was made subject to a condition relating to school facilities imposed by a state or local agency in connection with a legislative act approving or authorizing the residential development of that property after January 1, 1987, and before the operative date of the act adding this paragraph, may not be subject to a fee, charge, dedication, or other requirement exceeding the amount specified in paragraphs (1) and (2) of subdivision (b), or, if a district has increased the limit specified in paragraph (1) of subdivision (b) pursuant to either Section 65995.5 or 65995.7, that increased amount. (4) Any construction that is not subject to a contract as described in paragraph (2), or to paragraph (3), and that satisfies both of the requirements of this paragraph, may not be subject to any increased fee, charge, dedication, or other requirement authorized by the act that adds this paragraph beyond the amount specified in paragraphs (1) and (2) of subdivision (b). (A) A tentative map, development permit, or conditional use permit was approved before the operative date of the act that amends this subdivision. (B) A building permit is issued before January 1, 2000. (d) For purposes of this chapter, “construction” means new construction and reconstruction of existing building for residential, commercial, or industrial. “Residential, commercial, or industrial construction” does not include any facility used exclusively for religious purposes that is thereby exempt from property taxation under the laws of this state, any facility used exclusively as a private full-time day school as described in Section 48222 of the Education Code, or any facility that is owned and occupied by one or more agencies of federal, state, or local government. In addition, “commercial or industrial construction” includes, but is not limited to, any hotel, inn, motel, tourist home, or other lodging for which the maximum term of occupancy for guests does not exceed 30 days, but does not include any residential hotel, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code. (e) The Legislature finds and declares that the financing of school facilities and the mitigation of the impacts of land use approvals, whether legislative or adjudicative, or both, on the need for school facilities are matters of statewide concern. For this reason, the Legislature hereby occupies the subject matter of requirements related to school facilities levied or imposed in connection with, or made a condition of, any land use approval, whether legislative or adjudicative act, or both, and the mitigation of the impacts of land use approvals, whether legislative or adjudicative, or both, on the need for school facilities, to the exclusion of all other measures, financial or nonfinancial, on the subjects. For purposes of this subdivision, “school facilities” means any school-related consideration relating to a school district’s ability to accommodate enrollment. (f) Nothing in this section shall be interpreted to limit or prohibit the use of Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 to finance the construction or reconstruction of school facilities. However, the use of Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 may not be required as a condition of approval of any legislative or adjudicative act, or both, if the purpose of the community facilities district is to finance school facilities. (g) (1) The refusal of a person to agree to undertake or cause to be undertaken an act relating to Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5, including formation of, or annexation to, a community facilities district, voting to levy a special tax, or authorizing another to vote to levy a special tax, may not be a factor when considering the approval of a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization, as defined in Section 56021 or 56073, if the purpose of the community facilities district is to finance school facilities. (2) If a person voluntarily elects to establish, or annex into, a community facilities district and levy a special tax approved by landowner vote to finance school facilities, the present value of the special tax specified in the resolution of formation shall be calculated as an amount per square foot of assessable space and that amount shall be a credit against any applicable fee, charge, dedication, or other requirement for the construction or reconstruction of school facilities. For purposes of this paragraph, the calculation of present value shall use the interest rate paid on the United States Treasury’s 30-year bond on the date of the formation of, or annexation to, the community facilities district, as the capitalization rate. (3) For purposes of subdivisions (f), (h), and (i), and this subdivision, “school facilities” means any school-related consideration relating to a school district’s ability to accommodate enrollment. (h) The payment or satisfaction of a fee, charge, or other requirement levied or imposed pursuant to Section 17620 of the Education Code in the amount specified in Section 65995 and, if applicable, any amounts specified in Section 65995.5 or 65995.7 are hereby deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073, on the provision of adequate school facilities. (i) A state or local agency may not deny or refuse to approve a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073 on the basis of a person’s refusal to provide school facilities mitigation that exceeds the amounts authorized pursuant to this section or pursuant to Section 65995.5 or 65995.7, as applicable. (Amended by Stats. 2015, Ch. 120, Sec. 1. (AB 715) Effective January 1, 2016. Note: Pursuant to Education Code Section 101122 (subd. (d)), which was added Nov. 8, 2016, by Prop. 51, Chapter 4.9 (Sections 65995 to 65998) as it read on Jan. 1, 2015, continues in effect until Dec. 31, 2020, or earlier date prescribed. Thereafter, Chapter 4.9 may be amended.)
65995.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. )
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This section limits certain school-fee-related charges on specified housing projects and restricts conversion of those projects to other uses without city or county approval.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. ) ## 65995.1. (a) Notwithstanding any other provision of law, as to any development project for the construction of senior citizen housing, as described in Section 51.3 of the Civil Code, a residential care facility for the elderly as described in subdivision (k) of Section 1569.2 of the Health and Safety Code, or a multilevel facility for the elderly as described in paragraph (9) of subdivision (d) of Section 15432, any fee, charge, dedication, or other form of requirement that is levied under Section 53080 may be applied only to new construction, and is subject to the limits and conditions applicable under subdivision (b) of Section 65995 in the case of commercial or industrial development. (b) Notwithstanding any other provision of law, as to any development project for the construction of agricultural migrant worker housing financed in whole or part pursuant to Chapter 8.5 (commencing with Section 50710) of Part 2 of Division 31 of the Health and Safety Code, no fees, charges, dedications, or other forms of requirements that are levied under Section 53080 shall be applied to new construction, reconstruction, or rehabilitation of this housing. The exemption provided by this subdivision shall be applicable only to that agricultural migrant worker housing which is owned by the state and which is subject to a contract ensuring compliance with the requirements of Chapter 8.5 (commencing with Section 50710) of Part 2 of Division 31 of the Health and Safety Code. (c) Any development project against which school facilities fees or other requirements have been levied or waived in accordance with the limit or exemption set forth in subdivision (a) or (b) may be converted to any use other than those uses described in the statutes cited in that subdivision only with the approval of the city or county that issued the building permit for the project. That approval shall not be granted absent certification by the appropriate school district that payment has been made on the part of the development project at the rate of the school facilities fee, charge, dedication, or other form of requirement applied by the district under Section 53080 to residential development as of the date of conversion, less the amount of any school facilities fees or other requirements paid on the part of the project in accordance with the limits set forth in subdivision (a) or (b). (Amended by Stats. 1991, Ch. 536, Sec. 1. Effective October 7, 1991. Note: Pursuant to Education Code Section 101122 (subd. (d)), which was added Nov. 8, 2016, by Prop. 51, Chapter 4.9 (Sections 65995 to 65998) as it read on Jan. 1, 2015, continues in effect until Dec. 31, 2020, or earlier date prescribed. Thereafter, Chapter 4.9 may be amended.)
65995.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. )
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Certain mobilehome communities may change from an older-persons restriction to allowing other residents, but they must notify the school district and city or county, and later sales can trigger school-fee payments and notice duties.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. ) ## 65995.2. (a) Notwithstanding any other provision of law, the imposition of any fee, charge, dedication, or other requirement authorized under Section 53080, or Chapter 4.7 (commencing with Section 65970), or both, against any manufactured home or mobilehome that is located within a mobilehome park, or subdivision, cooperative, or condominium for mobilehomes, in which residence is limited to older persons, as defined pursuant to the federal Fair Housing Amendments Act of 1988, is subject to the limits and conditions that are applicable under subdivision (b) of Section 65995 in the case of commercial and industrial development. (b) Any mobilehome park, or subdivision, cooperative, or condominium for mobilehomes, in which school facilities fees, charges, dedications, or other requirements have been imposed against one or more manufactured homes or mobilehomes in accordance with the limit set forth in subdivision (a) may subsequently choose to permit the residence of persons other than older persons, in which event it shall so notify the appropriate school district and city or county. As a condition of the first sale, subsequent to that notification, of each manufactured home or mobilehome in the mobilehome park, or subdivision, cooperative, or condominium for mobilehomes, payment shall be made to the school district in the amount of the school facilities fee or other requirement applied by the district under Section 53080, or Chapter 4.7 (commencing with Section 65970), or both, to residential development as of the date of that sale, less the amount of any school facilities fees, charges, dedications, or other requirements imposed against that manufactured home or mobilehome in accordance with the limits described in subdivision (a). Any prospective purchaser of a manufactured home or mobilehome that is subject to the requirement set forth in this subdivision shall be given written notice of the existence of that requirement by the seller prior to entering into any contract for that purchase. (c) Compliance on the part of any manufactured home or mobilehome with any additional fee or other requirement applied by the school district pursuant to subdivision (b), and certification by the appropriate school district of that compliance, shall be required as a condition of the following, as applicable: (1) The close of escrow of the first sale of the manufactured home or mobilehome following the notice required by subdivision (b), where the manufactured home or mobilehome is to be located, installed, or occupied in a mobilehome park that has chosen to permit the residence of persons other than older persons pursuant to subdivision (b) and the sale or transfer of the manufactured home or mobilehome is subject to escrow as provided in Section 18035 or 18035.2 of the Health and Safety Code. (2) The approval of the manufactured home or mobilehomes for initial occupancy pursuant to Section 18551 or 18613 of the Health and Safety Code following the notice required by subdivision (b), where the manufactured home or mobilehome is to be located, installed, or occupied in a mobilehome park that has chosen to permit the residence of persons other than older persons pursuant to subdivision (b), in the event that paragraph (1) does not apply. (Added by Stats. 1989, Ch. 1209, Sec. 27. Effective October 1, 1989. Note: Pursuant to Education Code Section 101122 (subd. (d)), which was added Nov. 8, 2016, by Prop. 51, Chapter 4.9 (Sections 65995 to 65998) as it read on Jan. 1, 2015, continues in effect until Dec. 31, 2020, or earlier date prescribed. Thereafter, Chapter 4.9 may be amended.)
65995.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. )
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A school district governing board may charge an alternative fee amount only if it meets specified eligibility requirements and follows the section’s calculation rules.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. ) ## 65995.5. (a) The governing board of a school district may impose the amount calculated pursuant to this section as an alternative to the amount that may be imposed on residential construction calculated pursuant to subdivision (b) of Section 65995. (b) To be eligible to impose the fee, charge, dedication, or other requirement up to the amount calculated pursuant to this section, a governing board shall do all of the following: (1) Make a timely application to the State Allocation Board for new construction funding for which it is eligible and be determined by the board to meet the eligibility requirements for new construction funding set forth in Article 2 (commencing with Section 17071.10) and Article 3 (commencing with Section 17071.75) of Chapter 12.5 of Part 10 of the Education Code. A governing board that submits an application to determine the district’s eligibility for new construction funding shall be deemed eligible if the State Allocation Board fails to notify the district of the district’s eligibility within 120 days of receipt of the application. (2) Conduct and adopt a school facility needs analysis pursuant to Section 65995.6. (3) Until January 1, 2000, satisfy at least one of the requirements set forth in subparagraphs (A) to (D), inclusive, and, on and after January 1, 2000, satisfy at least two of the requirements set forth in subparagraphs (A) to (D), inclusive: (A) The district is a unified or elementary school district that has a substantial enrollment of its elementary school pupils on a multitrack year-round schedule. “Substantial enrollment” for purposes of this paragraph means at least 30 percent of district pupils in kindergarten and grades 1 to 6, inclusive, in the high school attendance area in which all or some of the new residential units identified in the needs analysis are planned for construction. A high school district shall be deemed to have met the requirements of this paragraph if either of the following apply: (i) At least 30 percent of the high school district’s pupils are on a multitrack year-round schedule. (ii) At least 40 percent of the pupils enrolled in public schools in kindergarten and grades 1 to 12, inclusive, within the boundaries of the high school attendance area for which the school district is applying for new facilities are enrolled in multitrack year-round schools. (B) The district has placed on the ballot in the previous four years a local general obligation bond to finance school facilities and the measure received at least 50 percent plus one of the votes cast. (C) The district meets one of the following: (i) The district has issued debt or incurred obligations for capital outlay in an amount equivalent to 15 percent of the district’s local bonding capacity, including indebtedness that is repaid from property taxes, parcel taxes, the district’s general fund, special taxes levied pursuant to Section 4 of Article XIII A of the California Constitution, special taxes levied pursuant to Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 that are approved by a vote of registered voters, special taxes levied pursuant to Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 that are approved by a vote of landowners prior to November 4, 1998, and revenues received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). Indebtedness or other obligation to finance school facilities to be owned, leased, or used by the district, that is incurred by another public agency, shall be counted for the purpose of calculating whether the district has met the debt percentage requirement contained herein. (ii) The district has issued debt or incurred obligations for capital outlay in an amount equivalent to 30 percent of the district’s local bonding capacity, including indebtedness that is repaid from property taxes, parcel taxes, the district’s general fund, special taxes levied pursuant to Section 4 of Article XIII A of the California Constitution, special taxes levied pursuant to Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 that are approved by a vote of registered voters, special taxes levied pursuant to Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 that are approved by a vote of landowners after November 4, 1998, and revenues received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). Indebtedness or other obligation to finance school facilities to be owned, leased, or used by the district, that is incurred by another public agency, shall be counted for the purpose of calculating whether the district has met the debt percentage requirement contained herein. (D) At least 20 percent of the teaching stations within the district are relocatable classrooms. (c) The maximum square foot fee, charge, dedication, or other requirement authorized by this section that may be collected in accordance with Chapter 6 (commencing with Section 17620) of Part 10.5 of the Education Code shall be calculated by a governing board of a school district, as follows: (1) The number of unhoused pupils identified in the school facilities needs analysis shall be multiplied by the appropriate amounts provided in subdivision (a) of Section 17072.10. This sum shall be added to the site acquisition and development cost determined pursuant to subdivision (h). (2) The full amount of local funds the governing board has dedicated to facilities necessitated by new construction shall be subtracted from the amount determined pursuant to paragraph (1). Local funds include fees, charges, dedications, or other requirements imposed on commercial or industrial construction. (3) The resulting amount determined pursuant to paragraph (2) shall be divided by the projected total square footage of assessable space of residential units anticipated to be constructed during the next five-year period in the school district or the city and county in which the school district is located. The estimate of the projected total square footage shall be based on information available from the city or county within which the residential units are anticipated to be constructed or a market report prepared by an independent third party. (d) A school district that has a common territorial jurisdiction with a district that imposes the fee, charge, dedication, or other requirement up to the amount calculated pursuant to this section or Section 65995.7, may not impose a fee, charge, dedication, or other requirement on residential construction that exceeds the limit set forth in subdivision (b) of Section 65995 less the portion of that amount it would be required to share pursuant to Section 17623 of the Education Code, unless that district is eligible to impose the fee, charge, dedication, or other requirement up to the amount calculated pursuant to this section or Section 65995.7. (e) Nothing in this section is intended to limit or discourage the joint use of school facilities or to limit the ability of a school district to construct school facilities that exceed the amount of funds authorized by Section 17620 of the Education Code and provided by the state grant program, if the additional costs are funded solely by local revenue sources other than fees, charges, dedications, or other requirements imposed on new construction. (f) Except as provided in paragraph (5) of subdivision (a) of Section 17620 of the Education Code, a fee, charge, dedication, or other requirement authorized under this section and Section 65995.7 shall be expended solely on the school facilities identified in the needs analysis as being attributable to projected enrollment growth from the construction of new residential units. This subdivision does not preclude the expenditure of a fee, charge, dedication, or other requirement, authorized pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 17620, on school facilities identified in the needs analysis as necessary due to projected enrollment growth attributable to the new residential units. (g) “Residential units” and “residences” as used in this section and in Sections 65995.6 and 65995.7 means the development of single-family detached housing units, single-family attached housing units, manufactured homes and mobilehomes, as defined in subdivision (f) of Section 17625 of the Education Code, condominiums, and multifamily housing units, including apartments, residential hotels, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code, and stock cooperatives, as defined in Section 4190 of the Civil Code. (h) Site acquisition costs shall not exceed half of the amount determined by multiplying the land acreage determined to be necessary under the guidelines of the State Department of Education, as published in the “School Site Analysis and Development Handbook,” as that handbook read as of January 1, 1998, by the estimated cost determined pursuant to Section 17072.12 of the Education Code. Site development costs shall not exceed the estimated amount that would be funded by the State Allocation Board pursuant to its regulations governing grants for site development costs. (Amended by Stats. 2012, Ch. 181, Sec. 54. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181. Note: Pursuant to Education Code Section 101122 (subd. (d)), which was added Nov. 8, 2016, by Prop. 51, Chapter 4.9 (Sections 65995 to 65998) as it read on Jan. 1, 2015, continues in effect until Dec. 31, 2020, or earlier date prescribed. Thereafter, Chapter 4.9 may be amended.)
65995.6.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. )
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A school district board must prepare, adopt, and, if needed, revise a school facilities needs analysis, with public notice, public review, and a hearing before adoption.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. ) ## 65995.6. (a) The school facilities needs analysis required by paragraph (2) of subdivision (b) of Section 65995.5 shall be conducted by the governing board of a school district to determine the need for new school facilities for unhoused pupils that are attributable to projected enrollment growth from the development of new residential units over the next five years. The school facilities needs analysis shall project the number of unhoused elementary, middle, and high school pupils generated by new residential units, in each category of pupils enrolled in the district. This projection of unhoused pupils shall be based on the historical student generation rates of new residential units constructed during the previous five years that are of a similar type of unit to those anticipated to be constructed either in the school district or the city or county in which the school district is located, and relevant planning agency information, such as multiphased development projects, that may modify the historical figures. For purposes of this paragraph, “type” means a single family detached, single family attached, or multifamily unit. The existing school building capacity shall be calculated pursuant to Article 2 (commencing with Section 17071.10) of Chapter 12.5 of Part 10 of the Education Code. The existing school building capacity shall be recalculated by the school district as part of any revision of the needs analysis pursuant to subdivision (e) of this section. If a district meets the requirements of paragraph (3) of subdivision (b) of Section 65995.5 by having a substantial enrollment on a multitrack year-round schedule, the determination of whether the district has school building capacity area shall reflect the additional capacity created by the multitrack year-round schedule. (b) When determining the funds necessary to meet its facility needs, the governing board shall do each of the following: (1) Identify and consider any surplus property owned by the district that can be used as a schoolsite or that is available for sale to finance school facilities. (2) Identify and consider the extent to which projected enrollment growth may be accommodated by excess capacity in existing facilities. (3) Identify and consider local sources other than fees, charges, dedications, or other requirements imposed on residential construction available to finance the construction or reconstruction of school facilities needed to accommodate any growth in enrollment attributable to the construction of new residential units. (c) The governing board shall adopt the school facility needs analysis by resolution at a public hearing. The school facilities needs analysis may not be adopted until the school facilities needs analysis in its final form has been made available to the public for a period of not less than 30 days during which time the school facilities needs analysis shall be provided to the local agency responsible for land use planning for its review and comment. Prior to the adoption of the school facilities needs analysis, the public shall have the opportunity to review and comment on the school facilities needs analysis and the governing board shall respond to written comments it receives regarding the school facilities needs analysis. (d) Notice of the time and place of the hearing, including the location and procedure for viewing or requesting a copy of the proposed school facilities needs analysis and any proposed revision of the school facilities needs analysis, shall be published in at least one newspaper of general circulation within the jurisdiction of the school district that is conducting the hearing no less than 30 days prior to the hearing. If there is no paper of general circulation, the notice shall be posted in at least three conspicuous public places within the jurisdiction of the school district not less than 30 days prior to the hearing. In addition to these notice requirements, the governing board shall mail a copy of the school facilities needs analysis and any proposed revision to the school facilities needs analysis not less than 30 days prior to the hearing to any person who has made a written request if the written request was made 45 days prior to the hearing. The governing board may charge a fee reasonably related to the cost of providing these materials to those persons who request the school facilities needs analysis or revision. (e) The school facilities needs analysis may be revised at any time in the same manner, and the revision is subject to the same conditions and requirements, applicable to the adoption of the school facilities needs analysis. (f) A fee, charge, dedication, or other requirement in an amount authorized by this section or Section 65995.7, shall be adopted by a resolution of the governing board as part of the adoption or revision of the school facilities needs analysis and may not be effective for more than one year. Notwithstanding subdivision (a) of Section 17621 of the Education Code, or any other provision of law, the fee, charge, dedication, or other requirement authorized by the resolution shall take effect immediately after the adoption of the resolution. (g) Division 13 (commencing with Section 21000) of the Public Resources Code may not apply to the preparation, adoption, or update of the school facilities needs analysis, or adoption of the resolution specified in this section. (h) Notice and hearing requirements other than those provided in this section may not be applicable to the adoption or revision of a school facilities needs analysis or the resolutions adopted pursuant to this section. (Amended by Stats. 1999, Ch. 858, Sec. 17. Effective January 1, 2000. Note: Pursuant to Education Code Section 101122 (subd. (d)), which was added Nov. 8, 2016, by Prop. 51, Chapter 4.9 (Sections 65995 to 65998) as it read on Jan. 1, 2015, continues in effect until Dec. 31, 2020, or earlier date prescribed. Thereafter, Chapter 4.9 may be amended.)
65995.7.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. )
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A school district board may raise a specific school-facility fee only when state construction funds are unavailable, and the State Allocation Board must notify legislative officers when it makes that determination.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. ) ## 65995.7. (a) If state funds for new school facility construction are not available, the governing board of a school district that complies with Section 65995.5 may increase the alternative fee, charge, dedication, or other requirement calculated pursuant to subdivision (c) of Section 65995.5 by an amount that shall not exceed the amount calculated pursuant to subdivision (c) of Section 65995.5, except that for the purposes of calculating this additional amount, the amount identified in paragraph (2) of subdivision (c) of Section 65995.5 shall not be subtracted from the amount determined pursuant to paragraph (1) of subdivision (c) of Section 65995.5. (b) For purposes of this section, state funds are not available if the State Allocation Board is no longer approving apportionments for new construction pursuant to Article 5 (commencing with Section 17072.20) of Chapter 12.5 of Part 10 of Division 1 of Title 1 of the Education Code due to a lack of funds available for new construction. Upon making a determination that state funds are no longer available, the State Allocation Board shall notify the Secretary of the Senate and the Chief Clerk of the Assembly, in writing, of that determination and the date when state funds are no longer available, for publication in the respective journal of each house. For purposes of making this determination, the State Allocation Board shall not consider whether funds are available for, or whether it is making preliminary apportionments or final apportionments pursuant to, Article 11 (commencing with Section 17078.10) of Chapter 12.5 of Part 10 of Division 1 of Title 1 of the Education Code. (c) After the determination that state funds are no longer available is made by the State Allocation Board, the increase of the alternative fee, charge, dedication, or other requirement authorized by subdivision (a) shall not be imposed as of the earlier of the following dates: (1) The date that funds are transferred into an account that has been identified for new construction apportionments for purposes of the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code). (2) The date of the first meeting of the State Allocation Board at which apportionments for new construction resume. (d) The Office of Public School Construction shall post on its internet website the status of whether the criteria specified in paragraphs (1) and (2) of subdivision (c) have been met and whether the increase of the alternative fee, charge, dedication, or other requirement authorized by subdivision (a) may be imposed. (e) The governing board of a school district may offer a reimbursement election to the person subject to the fee, charge, dedication, or other requirement that provides the person with the right to monetary reimbursement of the supplemental amount authorized by this section, to the extent that the school district receives funds from state sources for construction of the facilities for which that amount was required, less any amount expended by the school district for interim housing. At the option of the person subject to the fee, charge, dedication, or other requirement, the reimbursement election may be made on a tract or lot basis. Reimbursement of available funds shall be made within 30 days of being received by the school district. (f) The governing board of a school district may offer the person subject to the fee, charge, dedication, or other requirement an opportunity to negotiate an alternative reimbursement agreement if the terms of the agreement are mutually agreed upon. (g) The governing board of a school district may provide that the rights granted by the reimbursement election or the alternative reimbursement agreement are assignable. (Amended by Stats. 2022, Ch. 571, Sec. 43. (AB 185) Effective September 27, 2022. Note: Pursuant to Education Code Section 101122 (subd. (d)), which was added Nov. 8, 2016, by Prop. 51, Chapter 4.9 (Sections 65995 to 65998) as it read on Jan. 1, 2015, continues in effect until Dec. 31, 2020, or earlier date prescribed. Thereafter, Chapter 4.9 may be amended.)
65996.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. )
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State and local agencies may not deny approval of certain legislative or adjudicative acts because school facilities are inadequate, and this section sets the exclusive methods for addressing school-facility impacts in those situations.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. ) ## 65996. (a) Notwithstanding Section 65858, or Division 13 (commencing with Section 21000) of the Public Resources Code, or any other provision of state or local law, the following provisions shall be the exclusive methods of considering and mitigating impacts on school facilities that occur or might occur as a result of any legislative or adjudicative act, or both, by any state or local agency involving, but not limited to, the planning, use, or development of real property or any change of governmental organization or reorganization, as defined in Section 56021 or 56073: (1) Section 17620 of the Education Code. (2) Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7. (b) The provisions of this chapter are hereby deemed to provide full and complete school facilities mitigation and, notwithstanding Section 65858, or Division 13 (commencing with Section 21000) of the Public Resources Code, or any other provision of state or local law, a state or local agency may not deny or refuse to approve a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property or any change in governmental organization or reorganization, as defined in Section 56021 or 56073, on the basis that school facilities are inadequate. (c) For purposes of this section, “school facilities” means any school-related consideration relating to a school district’s ability to accommodate enrollment. (d) Nothing in this chapter shall be interpreted to limit or prohibit the ability of a local agency to utilize other methods to provide school facilities if these methods are not levied or imposed in connection with, or made a condition of, a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property or a change in governmental organization or reorganization, as defined in Section 56021 or 56073. Nothing in this chapter shall be interpreted to limit or prohibit the assessment or reassessment of property in conjunction with ad valorum taxes, or the placement of a parcel on the secured roll in conjunction with qualified special taxes as that term is used in Section 50079. (e) Nothing in this section shall be interpreted to limit or prohibit the ability of a local agency to mitigate the impacts of land use approvals other than on the need for school facilities, as defined in this section. (f) This section shall become inoperative during any time that Section 65997 is operative and this section shall become operative at any time that Section 65997 is inoperative. (Amended by Stats. 1998, Ch. 407, Sec. 23. Effective August 27, 1998. Operative November 4, 1998, by Sec. 31 of Ch. 407, pursuant to adoption of Prop. 1A. As prescribed in subd. (f), this section is inoperative whenever Section 65997 is operative, and operative whenever Section 65997 is inoperative. Note: Pursuant to Education Code Section 101122 (subd. (d)), which was added Nov. 8, 2016, by Prop. 51, Chapter 4.9 (Sections 65995 to 65998) as it read on Jan. 1, 2015, continues in effect until Dec. 31, 2020, or earlier date prescribed. Thereafter, Chapter 4.9 may be amended.)
65997.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. )
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Public agencies cannot deny a project for school-facility adequacy, and they may only use the listed provisions to mitigate those effects when approving a development project.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. ) ## 65997. (a) The following provisions shall be the exclusive methods of mitigating environmental effects related to the adequacy of school facilities when considering the approval or the establishment of conditions for the approval of a development project, as defined in Section 17620 of the Education Code, pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code: (1) Chapter 12 (commencing with Section 17000) of, or Chapter 12.5 (commencing with Section 17070.10) of, Part 10 of Division 1 of Title 1 of the Education Code. (2) Chapter 14 (commencing with Section 17085) of Part 10 of Division 1 of Title 1 of the Education Code. (3) Chapter 18 (commencing with Section 17170) of Part 10 of Division 1 of Title 1 of the Education Code. (4) Article 2.5 (commencing with Section 17430) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code. (5) Section 17620 of the Education Code. (6) Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5. (7) Chapter 4.7 (commencing with Section 65970). (b) A public agency may not, pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code or Division 2 (commencing with Section 66410) of this code, deny approval of a project on the basis of the adequacy of school facilities. (c) (1) This section shall become operative on or after any statewide election in 2012, if a statewide general obligation bond measure submitted for voter approval in 2012 or thereafter that includes bond issuance authority to fund construction of kindergarten and grades 1 to 12, inclusive, public school facilities is submitted to the voters and fails to be approved. (2) (A) This section shall become inoperative if, subsequent to the failure of a general obligation bond measure described in paragraph (1), a statewide general bond measure as described in paragraph (1) is approved by the voters or provided state resources are available. (B) Thereafter, this section shall become operative if a statewide general obligation bond measure submitted for voter approval that includes bond issuance authority to fund construction of kindergarten and grades 1 to 12, inclusive, public school facilities is submitted to the voters and fails to be approved, unless provided state resources are available, and shall become inoperative if, subsequent to the failure of the general obligation bond measure, either a statewide bond measure as described in this subparagraph is approved by the voters or provided state resources are available. (C) As used in this section, “provided state resources” means an appropriation for, or deposit into an account that are required to be used for, either the new construction of school facilities or the modernization of school facilities, or both. (d) Notwithstanding any other provision of law, a public agency may deny or refuse to approve a legislative act involving, but not limited to, the planning, use, or development of real property, on the basis that school facilities are inadequate, except that a public agency may not require the payment or satisfaction of a fee, charge, dedication, or other financial requirement in excess of that levied or imposed pursuant to Section 65995 and, if applicable, any amounts specified in Sections 65995.5 or 65995.7. (Amended by Stats. 2022, Ch. 571, Sec. 44. (AB 185) Effective September 27, 2022. Section conditionally operative as prescribed in subd. (c). After becoming operative, this section may become inoperative (and later resume operation) under conditions in subd. (c). Note: Pursuant to Education Code Section 101122 (subd. (d)), which was added Nov. 8, 2016, by Prop. 51, Chapter 4.9 (Sections 65995 to 65998) as it read on Jan. 1, 2015, continues in effect until Dec. 31, 2020, or earlier date prescribed. Thereafter, Chapter 4.9 may be amended.)
65998.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. )
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This section says the chapter does not restrict a local agency’s ability to reserve or designate land for a schoolsite, or to mitigate impacts of certain land use approvals.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.9. Payment of Fees, Charges, Dedications, or Other Requirements Against a Development Project [65995 - 65998] ( Chapter 4.9 added by Stats. 1986, Ch. 887, Sec. 11. ) ## 65998. (a) Nothing in this chapter or in Section 17620 of the Education Code shall be interpreted to limit or prohibit the authority of a local agency to reserve or designate real property for a schoolsite. (b) Nothing in this chapter or in Section 17620 of the Education Code shall be interpreted to limit or prohibit the ability of a local agency to mitigate the impacts of a land use approval involving, but not limited to, the planning, use, or development of real property other than on the need for school facilities. (Added by Stats. 1998, Ch. 407, Sec. 25. Effective August 27, 1998. Operative November 4, 1998 (Prop. 1A was adopted Nov. 3) by Sec. 31 of Ch. 407. Note: Pursuant to Education Code Section 101122 (subd. (d)), which was added Nov. 8, 2016, by Prop. 51, Chapter 4.9 (Sections 65995 to 65998) as it read on Jan. 1, 2015, continues in effect until Dec. 31, 2020, or earlier date prescribed. Thereafter, Chapter 4.9 may be amended.)
6600.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. )
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This chapter applies only to inmates’ property and funds in certain state institutions, and only where another statute does not already cover custody, management, or disposition.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. ) ## 6600. This chapter applies only to property and funds, and the disposition thereof, of inmates of any state home, reformatory, hospital, state prison, or other institution where the custody, management, and disposition of property and funds of inmates are not otherwise provided for by statute. (Added by Stats. 1951, Ch. 587.)
66000.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. )
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This section defines key terms used in the chapter, including “development project,” “fee,” “local agency,” and “public facilities.”

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. ) ## 66000. As used in this chapter, the following terms have the following meanings: (a) “Development project” means any project undertaken for the purpose of development. “Development project” includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. (b) “Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies that provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). (c) “Local agency” means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state. (d) “Public facilities” includes public improvements, public services, and community amenities. (Amended by Stats. 2006, Ch. 538, Sec. 319. Effective January 1, 2007.)
66000.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. )
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This section names the chapter group as the Mitigation Fee Act and says superior-court actions relating to it may be sent to mediation under Chapter 9.3.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. ) ## 66000.5. (a) This chapter, Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 7.5 (commencing with Section 66015), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020) shall be known and may be cited as the Mitigation Fee Act. (b) Any action brought in the superior court relating to the Mitigation Fee Act may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030). (Amended by Stats. 2020, Ch. 370, Sec. 179. (SB 1371) Effective January 1, 2021.)
66001.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. )
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Local agencies must make specified findings and disclosures before, while collecting, and when refunding development-project fees, and they may not charge fees for existing public facility deficiencies.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. ) ## 66001. (a) In any action establishing, increasing, or imposing a fee as a condition of approval of a development project by a local agency, the local agency shall do all of the following: (1) Identify the purpose of the fee. (2) Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in Section 65403 or 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged. (3) Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed. (4) Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. (b) In any action imposing a fee as a condition of approval of a development project by a local agency, the local agency shall determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. (c) Upon receipt of a fee subject to this section, the local agency shall deposit, invest, account for, and expend the fees pursuant to Section 66006. (d) (1) For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted: (A) Identify the purpose to which the fee is to be put. (B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. (C) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements identified in paragraph (2) of subdivision (a). (D) Designate the approximate dates on which the funding referred to in subparagraph (C) is expected to be deposited into the appropriate account or fund. (2) When findings are required by this subdivision, they shall be made in connection with the public information required by subdivision (b) of Section 66006. The findings required by this subdivision need only be made for moneys in possession of the local agency, and need not be made with respect to letters of credit, bonds, or other instruments taken to secure payment of the fee at a future date. If the findings are not made as required by this subdivision, the local agency shall refund the moneys in the account or fund as provided in subdivision (e). (e) Except as provided in subdivision (f), when sufficient funds have been collected, as determined pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 66006, to complete financing on incomplete public improvements identified in paragraph (2) of subdivision (a), and the public improvements remain incomplete, the local agency shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the construction of the public improvement will be commenced, or shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the fee, and any interest accrued thereon. By means consistent with the intent of this section, a local agency may refund the unexpended revenues by direct payment, by providing a temporary suspension of fees, or by any other reasonable means. The determination by the governing body of the local agency of the means by which those revenues are to be refunded is a legislative act. (f) If the administrative costs of refunding unexpended revenues pursuant to subdivision (e) exceed the amount to be refunded, the local agency, after a public hearing, notice of which has been published pursuant to Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which fees are collected subject to this chapter and which serves the project on which the fee was originally imposed. (g) A fee shall not include the costs attributable to existing deficiencies in public facilities, but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the general plan. (Amended by Stats. 2006, Ch. 194, Sec. 1. Effective January 1, 2007.)
66002.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. )
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A local agency that levies certain development fees may adopt a capital improvement plan, and if it does, the plan must describe the facilities or improvements to be financed and be adopted and updated through a noticed public hearing process.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. ) ## 66002. (a) Any local agency which levies a fee subject to Section 66001 may adopt a capital improvement plan, which shall indicate the approximate location, size, time of availability, and estimates of cost for all facilities or improvements to be financed with the fees. (b) The capital improvement plan shall be adopted by, and shall be annually updated by, a resolution of the governing body of the local agency adopted at a noticed public hearing. Notice of the hearing shall be given pursuant to Section 65090. In addition, mailed notice shall be given to any city or county which may be significantly affected by the capital improvement plan. This notice shall be given no later than the date the local agency notices the public hearing pursuant to Section 65090. The information in the notice shall be not less than the information contained in the notice of public hearing and shall be given by first-class mail or personal delivery. (c) “Facility” or “improvement,” as used in this section, means any of the following: (1) Public buildings, including schools and related facilities; provided that school facilities shall not be included if Senate Bill 97 of the 1987–88 Regular Session is enacted and becomes effective on or before January 1, 1988. (2) Facilities for the storage, treatment, and distribution of nonagricultural water. (3) Facilities for the collection, treatment, reclamation, and disposal of sewage. (4) Facilities for the collection and disposal of storm waters and for flood control purposes. (5) Facilities for the generation of electricity and the distribution of gas and electricity. (6) Transportation and transit facilities, including but not limited to streets and supporting improvements, roads, overpasses, bridges, harbors, ports, airports, and related facilities. (7) Parks and recreation facilities. (8) Any other capital project identified in the capital facilities plan adopted pursuant to Section 66002. (Added by Stats. 1987, Ch. 927, Sec. 1. Operative January 1, 1989, by Section 66003.)
66003.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. )
Verify source ↗

Sections 66001 and 66002 do not apply to certain reimbursement-agreement fees, and this chapter became operative on January 1, 1989.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. ) ## 66003. Sections 66001 and 66002 do not apply to a fee imposed pursuant to a reimbursement agreement by and between a local agency and a property owner or developer for that portion of the cost of a public facility paid by the property owner or developer which exceeds the need for the public facility attributable to and reasonably related to the development. This chapter shall become operative on January 1, 1989. (Amended by Stats. 1989, Ch. 170, Sec. 2.)
66004.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. )
Verify source ↗

Any fee established or increased under this chapter must comply with Section 66018.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. ) ## 66004. The establishment or increase of any fee pursuant to this chapter shall be subject to the requirements of Section 66018. (Amended by Stats. 1990, Ch. 1572, Sec. 15.)
66005.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. )
Verify source ↗

A local agency may not impose development-related fees or exactions above the estimated reasonable cost of the service or facility they fund.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. ) ## 66005. (a) When a local agency imposes any fee or exaction as a condition of approval of a proposed development, as defined by Section 65927, or development project, those fees or exactions shall not exceed the estimated reasonable cost of providing the service or facility for which the fee or exaction is imposed. (b) This section does not apply to fees or monetary exactions expressly authorized to be imposed under Sections 66475.1 and 66477. (c) It is the intent of the Legislature in adding this section to codify existing constitutional and decisional law with respect to the imposition of development fees and monetary exactions on developments by local agencies. This section is declaratory of existing law and shall not be construed or interpreted as creating new law or as modifying or changing existing law. (Added by renumbering Section 65959 by Stats. 1988, Ch. 418, Sec. 6.)
66005.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. )
Verify source ↗

Local agencies must reduce certain development fees for qualifying housing developments and generally may not require land dedication for roadway widening for traffic mitigation purposes.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. ) ## 66005.1. (a) Except as otherwise provided in subdivision (b), when a local agency imposes a fee on a housing development pursuant to Section 66001 for the purpose of mitigating vehicular traffic impacts, if that housing development satisfies all of the following characteristics, the fee, or the portion thereof relating to vehicular traffic impacts, shall be set at a rate that reflects a lower rate of automobile trip generation associated with such housing developments in comparison with housing developments without all of these characteristics: (1) The housing development is located within a transit priority area and the major transit stop, if planned, is programmed to be completed before or within one year from the scheduled completion and occupancy of the housing development. (2) The housing development is located within one-half mile from three or more of the following: (A) A supermarket or grocery store. (B) A public park. (C) A community center. (D) A pharmacy or drugstore. (E) A medical clinic or hospital. (F) A public library. (G) A school that maintains a kindergarten or any of grades 1 to 12, inclusive. (H) A licensed childcare facility. (I) A restaurant. For purposes of this paragraph, a “restaurant” means a retail food establishment that prepares, serves, and vends food directly to the consumer. (3) The housing development provides no more than one onsite parking space for zero- to two-bedroom units, and two onsite parking spaces for three or more bedroom units. (b) Notwithstanding subdivision (a), the local agency may charge a fee that does not reflect a lower rate of automobile trip generation if the local agency makes written findings that the housing development, even with all the characteristics described in subdivision (a), would not generate fewer automobile trips than a housing development without all of those characteristics. These findings shall be supported by substantial evidence in the record before or as part of the housing development project approval process. (c) (1) A local agency shall not impose a land dedication requirement on a housing development pursuant to Section 66001 to widen a roadway if the land dedication requirement is for the purpose of mitigating vehicular traffic impacts, achieving an adopted traffic level of service related to vehicular traffic, or achieving a desired roadway width. (2) Notwithstanding paragraph (1), a local agency may do any of the following: (A) Impose a land dedication requirement on a housing development if both of the following conditions are met: (i) The housing development is not located in a transit priority area. (ii) The housing development has a linear street frontage of 500 feet or more. (B) Discretionarily impose a land dedication requirement as a condition of approval of a specific housing development project for traffic safety features if the local agency makes a finding, specific to the housing development project and supported by substantial evidence, that the land dedication requirement is necessary to preserve the health, safety, and welfare of the public, including pedestrians, cyclists, and children. (C) Impose a land dedication requirement to construct public improvements, including, but not limited to, sidewalk and sewer improvements. (d) For purposes of this section: (1) “Housing development” means a development project with common ownership and financing consisting of residential use or mixed use where not less than 50 percent of the floorspace is for residential use. (2) “Land dedication” means a physical exaction of property for public use without compensation, whether imposed on an ad hoc or legislative basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. (3) “Major transit stop” has the meaning as the term is defined in Section 21064.3 of the Public Resources Code, except that, for purposes of this section, it also includes major transit stops that are included in the applicable regional transportation plan. “Major transit stop” includes planned major transit stops otherwise meeting this definition whose construction is programmed to be completed before or within one year from the scheduled completion and occupancy of the housing development. (4) “Roadway” means the same as defined in Section 530 of the Vehicle Code. (5) “Transit priority area” means the same as defined in paragraph (7) of subdivision (a) of Section 21099 of the Public Resources Code. (Amended by Stats. 2025, Ch. 515, Sec. 1. (SB 358) Effective January 1, 2026.)
66006.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. )
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Local agencies must keep certain development fee money in a separate account, spend it only for the purpose collected, and publish required fee information and notices on a timetable.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. ) ## 66006. (a) If a local agency requires the payment of a fee specified in subdivision (c) in connection with the approval of a development project, the local agency receiving the fee shall deposit it with the other fees for the improvement in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected. Any interest income earned by moneys in the capital facilities account or fund shall also be deposited in that account or fund and shall be expended only for the purpose for which the fee was originally collected. (b) (1) For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of the fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) (i) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (ii) An identification of each public improvement identified in a previous report pursuant to clause (i) and whether construction began on the approximate date noted in the previous report. (iii) For a project identified pursuant to clause (ii) for which construction did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001, the number of persons or entities identified to receive those refunds, and any allocations pursuant to subdivision (f) of Section 66001. (2) The local agency shall review the information made available to the public pursuant to paragraph (1) at the next regularly scheduled public meeting not less than 15 days after this information is made available to the public, as required by this subdivision. Notice of the time and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (c) For purposes of this section, “fee” means any fee imposed to provide for an improvement to be constructed to serve a development project, or which is a fee for public improvements within the meaning of subdivision (b) of Section 66000, and that is imposed by the local agency as a condition of approving the development project. (d) Any person may request an audit of any local agency fee or charge that is subject to Section 66023, including fees or charges of school districts, in accordance with that section. (e) (1) A local agency shall inform a person paying a fee subject to this section of both of the following: (A) The person’s right to request an audit pursuant to Section 66023. (B) The person’s right, pursuant to paragraph (1) of subdivision (b), to file a written request for mailed notice of the local agency’s meeting to review the information made public pursuant to paragraph (1) of subdivision (b). (2) A local agency shall provide a person paying a fee subject to this section a link to the page on the local agency’s internet website where the information made public pursuant to paragraph (1) of subdivision (b) is available for review. (f) The Legislature finds and declares that untimely or improper allocation of development fees hinders economic growth and is, therefore, a matter of statewide interest and concern. It is, therefore, the intent of the Legislature that this section shall supersede all conflicting local laws and shall apply in charter cities. (g) At the time the local agency imposes a fee for public improvements on a specific development project, it shall identify the public improvement that the fee will be used to finance. (Amended by Stats. 2023, Ch. 741, Sec. 1. (AB 516) Effective January 1, 2024.)
66006.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. )
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A city or county may adopt an ordinance letting certain transportation-related property donations be used to satisfy or partly satisfy a transportation assessment, fee, or charge. The Department of Transportation must also take steps to support those donations.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. ) ## 66006.5. (a) A city or county which imposes an assessment, fee, or charge, other than a tax, for transportation purposes may, by ordinance, prescribe conditions and procedures allowing real property which is needed by the city or county for local transportation purposes, or by the state for transportation projects which will not receive any federal funds, to be donated by the obligor in satisfaction or partial satisfaction of the assessment, fee, or charge. (b) To facilitate the implementation of subdivision (a), the Department of Transportation shall do all of the following: (1) Give priority to the refinement, modification, and enhancement of procedures and policies dealing with right-of-way donations in order to encourage and facilitate those donations. (2) Reduce or simplify paperwork requirements involving right-of-way procurement. (3) Increase communication and education efforts as a means to solicit and encourage voluntary right-of-way donations. (4) Enhance communication and coordination with local public entities through agreements of understanding that address state acceptance of right-of-way donations. (Added by Stats. 1989, Ch. 857, Sec. 2.)
66007.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. )
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Local agencies generally cannot require payment of residential development fees for public improvements or facilities until final inspection or occupancy, with several exceptions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. ) ## 66007. (a) Except as otherwise provided in subdivisions (b) and (h), any local agency that imposes any fees or charges on a residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, notwithstanding any other provision of law, until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first. However, utility service fees related to connections may be collected at the time an application for service is received, provided that those fees do not exceed the costs incurred by the utility provider resulting from the connection activities. If the residential development contains more than one dwelling, the local agency may determine whether the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first; on a pro rata basis when a certain percentage of the dwellings have received their final inspection or certificate of occupancy, whichever occurs first; or on a lump-sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first. (b) (1) Notwithstanding subdivision (a), the local agency may require the payment of those fees or charges at an earlier time if (A) the local agency determines that the fees or charges will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan before final inspection or issuance of the certificate of occupancy or (B) the fees or charges are to reimburse the local agency for expenditures previously made. “Appropriated,” as used in this subdivision, means authorization by the governing body of the local agency for which the fee is collected to make expenditures and incur obligations for specific purposes. (2) (A) Paragraph (1) does not apply to units reserved for occupancy by lower income households included in a residential development proposed by a housing developer in which at least 49 percent of the total units are reserved for occupancy by lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable rent, as defined in Section 50053 of the Health and Safety Code. In addition to the contract that may be required under subdivision (d), a city, county, or city and county may require the posting of a performance bond or a letter of credit from a federally insured, recognized depository institution to guarantee payment of any fees or charges that are subject to this paragraph. Fees and charges exempted from paragraph (1) under this paragraph shall become immediately due and payable when the residential development no longer meets the requirements of this paragraph. (B) The exception provided in subparagraph (A) does not apply to fees and charges levied pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5 of Division 1 of Title 1 of the Education Code. (c) All of the following apply to designated residential development projects: (1) If a local agency imposes any fees or charges on the residential development for the construction of public improvements or facilities, then all of the following conditions apply: (A) (i) Notwithstanding any other law, the local agency shall not require the payment of those fees or charges until the date the first certificate of occupancy or first temporary certificate of occupancy is issued, whichever occurs first. (ii) Notwithstanding clause (i), utility service fees and charges related to connections may be collected at the time an application for service is received, provided that those fees and charges do not exceed the costs incurred by the utility provider resulting from the connection activities. (iii) Clause (i) shall not apply if construction of the residential development does not begin within five years of the date upon which the building permit is issued. (B) The amount of the fees and charges shall be the same amount as would have been paid had the fees and charges been paid prior to the issuance of building permits, and the local agency shall not charge interest or other fees on any amount deferred pursuant to this paragraph. (C) If the development contains more than one dwelling, the local agency may determine whether the fees or charges described shall be paid on a pro rata basis for each dwelling when it receives its certificate of occupancy, on a pro rata basis when a certain percentage of the dwellings have received their certificate of occupancy, or on a lump-sum basis when all the dwellings in the development receive their certificate of occupancy. (D) Notwithstanding any other law, the local agency may withhold a certificate of occupancy or a temporary certificate of occupancy until payment of those fees or charges is received. (2) (A) Notwithstanding paragraph (1), the local agency may require the payment of those fees or charges at an earlier time if either of the following conditions is met: (i) The fees or charges are to reimburse the local agency for expenditures previously made to the extent those expenditures have not been paid or reimbursed by another party. (ii) The local agency determines both of the following: (I) The fees or charges will be collected for any of the following public improvements or facilities: (ia) Public improvements or facilities related to providing water service to the residential development consistent with Section 66013. (ib) Public improvements or facilities related to providing sewer or wastewater service to the residential development consistent with Section 66013. (ic) Public improvements or facilities related to providing fire, public safety, and emergency services to the residential development, including parkland and recreational facilities identified in its safety element or local hazard mitigation plan, provided the parkland and recreational facilities are identified for an emergency purpose beyond general recreational or aesthetic use. (id) Roads, sidewalks, or other public improvements or facilities for the transportation of people that serve the development, including the acquisition of all property, easements, and rights-of-way that may be required to carry out the improvements or facilities. (ie) Construction and rehabilitation of school facilities, if the school district governing board has approved a five-year school facilities master plan pursuant to subdivision (a) of Section 17070.54 of the Education Code. For purposes of this section, if the school district does not intend to participate in the school facilities program pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code, the school district is not required to submit the five-year school facilities master plan to the Department of General Services and the five-year school facilities master plan is not required to include information specific to the school facilities program pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code. (II) An account has been established and funds appropriated for the public improvements or facilities described in subclause (I). “Appropriated,” as used in this subclause, means authorization by the governing body of the local agency for which the fee is collected to make expenditures and incur obligations for specific purposes. (B) (i) Subparagraph (A) does not apply to units reserved for occupancy by lower income households included in a residential development proposed by a housing developer in which at least 49 percent of the total units are reserved for occupancy by lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable rent, as defined in Section 50053 of the Health and Safety Code. Fees and charges exempted from subparagraph (A) under this subparagraph shall become immediately due and payable when the residential development no longer meets the requirements of this subparagraph. (ii) The exception provided in clause (i) does not apply to fees and charges levied pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5 of Division 1 of Title 1 of the Education Code. (iii) (I) The developer may elect to post a performance bond or a letter of credit from a federally insured, recognized depository institution to guarantee payment of any fees or charges that are subject to this subparagraph. (II) If the developer does not post a performance bond or letter of credit pursuant to subclause (I), the city, county, or city and county may collect any fees and charges subject to this subparagraph that are not paid at the time the first certificate of occupancy or first temporary certificate of occupancy is issued, whichever occurs first, in accordance with the following procedure: (ia) On or before August 10 of each year, the building official of the local agency shall furnish in writing to the county auditor a description of each parcel of land for which a performance bond or letter of credit has not been posted within the local agency’s jurisdiction upon which fees or charges are unpaid and the amount of the unpaid fees or charges. (ib) The amount of the unpaid fees or charges shall constitute a lien upon the land for which the fees or charges are unpaid. (ic) The unpaid fees or charges shall be collected in the same manner and at the same time as county ad valorem taxes. (id) The unpaid fees or charges shall be subject to the same penalties, lien priority, and procedure and sale in case of delinquency that apply to county ad valorem taxes. (ie) All laws applicable to the levy, collection, and enforcement of county ad valorem taxes shall be applicable to the unpaid fees and charges. (iv) Clause (iii) does not apply to projects that dedicate 100 percent of units, exclusive of a manager’s unit or units, to lower income households, as defined by Section 50079.5 of the Health and Safety Code, and have a recorded regulatory agreement with the California Tax Credit Allocation Committee, the California Debt Limit Allocation Committee, or the Department of Housing and Community Development. (3) If the local agency does not issue certificates of occupancy for the type of residential developments described in this subdivision, the final inspection shall serve as the certificate of occupancy. (4) For purposes of this subdivision, “designated residential development project” means a residential development project that meets any of the following conditions: (A) The project dedicates 100 percent of units, exclusive of a manager’s unit or units, to lower income households, as defined by Section 50079.5 of the Health and Safety Code. (B) The project meets the requirements described in Section 65662. (C) The project is approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) of Chapter 4.1. (D) The project meets the requirements described in subdivision (a) of Section 65913.4. (E) The project meets the criteria described in subdivision (c) of Section 65913.16. (F) The project is entitled to a density bonus pursuant to subdivision (b) of Section 65915. (G) The project includes 10 or fewer units. (d) (1) If any fee or charge specified in subdivision (a) or (c) is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the local agency issuing the building permit may require the property owner, or lessee if the lessee’s interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time specified in subdivision (a) or (c). If the fee or charge is prorated pursuant to subdivision (a) or (c), the obligation under the contract shall be similarly prorated. (2) The obligation to pay the fee or charge shall inure to the benefit of, and be enforceable by, the local agency that imposed the fee or charge, regardless of whether it is a party to the contract. The contract shall contain a legal description of the property affected, shall be recorded in the office of the county recorder of the county and, from the date of recordation, shall constitute a lien for the payment of the fee or charge, which shall be enforceable against successors in interest to the property owner or lessee at the time of issuance of the building permit. The contract shall be recorded in the grantor-grantee index in the name of the public agency issuing the building permit as grantee and in the name of the property owner or lessee as grantor. The local agency shall record a release of the obligation, containing a legal description of the property, in the event the obligation is paid in full, or a partial release in the event the fee or charge is prorated pursuant to subdivision (a) or (c). (3) The contract may require the property owner or lessee to provide appropriate notification of the opening of any escrow for the sale of the property for which the building permit was issued and to provide in the escrow instructions that the fee or charge be paid to the local agency imposing the same from the sale proceeds in escrow prior to disbursing proceeds to the seller. (4) The governing body of a local agency may authorize an officer or employee of the local agency to approve and execute contracts under this subdivision on behalf of the local agency. (5) Before requiring execution of a contract under this subdivision, the local agency shall post a model form of contract on its internet website, if it maintains an internet website. (e) This section applies only to fees collected by a local agency to fund the construction of public improvements or facilities. It does not apply to fees collected to cover the cost of code enforcement or inspection services, or to other fees collected to pay for the cost of enforcement of local ordinances or state law. (f) “Final inspection,” “temporary certificate of occupancy,” or “certificate of occupancy,” as used in this section, has the same meaning as described in Sections 305 and 307 of the Uniform Building Code, International Conference of Building Officials, 1985 edition. (g) Methods of complying with the requirement in subdivision (b) that a proposed construction schedule or plan be adopted, include, but are not limited to, (1) the adoption of the capital improvement plan described in Section 66002, or (2) the submittal of a five-year school facilities master plan approved by the applicable school district governing board pursuant to subdivision (a) of Section 17070.54 of the Education Code. For purposes of this section, if the school district does not intend to participate in the school facilities program pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code, the school district is not required to submit the five-year school facilities master plan to the Department of General Services and the five-year school facilities master plan is not required to include information specific to the school facilities program pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code. (h) A local agency may defer the collection of one or more fees up to the close of escrow. This subdivision shall not apply to fees and charges levied pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5 of Division 1 of Title 1 of the Education Code. (Amended (as amended by Stats. 2025, Ch. 8, Sec. 56) by Stats. 2025, Ch. 543, Sec. 1. (SB 499) Effective January 1, 2026.)
66008.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. )
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A local agency must use a collected development fee only for the public improvements purposes for which it was collected, and may not use it for general revenue.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Fees for Development Projects [66000 - 66008] ( Chapter 5 added by Stats. 1987, Ch. 927, Sec. 1. ) ## 66008. A local agency shall expend a fee for public improvements, as accounted for pursuant to Section 66006, solely and exclusively for the purpose or purposes, as identified in subdivision (g) of Section 66006, for which the fee was collected. The fee shall not be levied, collected, or imposed for general revenue purposes. (Amended by Stats. 2023, Ch. 741, Sec. 2. (AB 516) Effective January 1, 2024.)
6601.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. )
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A superintendent or warden may charge monthly for safekeeping personal funds or property left in their hands after a confined person dies, escapes, or is discharged or paroled.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. ) ## 6601. When any person confined in any state home, reformatory, hospital, state prison, or other institution dies, escapes, or is discharged or paroled from the home, reformatory, hospital, state prison, or other institution, and any of his personal funds or property remains in the hands of the superintendent of the home, reformatory, hospital, or other institution, or the warden of the prison, the superintendent or warden may make a monthly charge for the safekeeping of the funds or property. (Added by Stats. 1951, Ch. 587.)
66010.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Fees for Development Projects Reconstructed After a Natural Disaster [66010 - 66011] ( Chapter 6 added by Stats. 1988, Ch. 162, Sec. 1. )
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This section defines terms used in Chapter 6 about fees for development projects reconstructed after a natural disaster.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Fees for Development Projects Reconstructed After a Natural Disaster [66010 - 66011] ( Chapter 6 added by Stats. 1988, Ch. 162, Sec. 1. ) ## 66010. As used in this chapter: (a) “Development project” means a development project as defined in Section 66000. (b) “Fee” means a monetary exaction or a dedication, other than a tax or special assessment, which is required by a local agency of the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals. (c) “Local agency” means a local agency, as defined in Section 66000. (d) “Public facilities” means public facilities, as defined in Section 66000. (e) “Reconstruction” means the reconstruction of the real property, or portion thereof, where the property after reconstruction is substantially equivalent to the property prior to damage or destruction. (Amended by Stats. 1990, Ch. 1572, Sec. 18.)
66011.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Fees for Development Projects Reconstructed After a Natural Disaster [66010 - 66011] ( Chapter 6 added by Stats. 1988, Ch. 162, Sec. 1. )
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A local agency may not charge a fee for reconstructing a damaged or destroyed residential, commercial, or industrial project after a Governor-declared natural disaster, except that fees may be charged on any portion that goes beyond substantially equivalent reconstruction.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Fees for Development Projects Reconstructed After a Natural Disaster [66010 - 66011] ( Chapter 6 added by Stats. 1988, Ch. 162, Sec. 1. ) ## 66011. No fee may be applied by a local agency to the reconstruction of any residential, commercial, or industrial development project that is damaged or destroyed as a result of a natural disaster, as declared by the Governor. Any reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction may be assessed a fee. The term substantially equivalent, as used in this section, shall have the same meaning as the term in subdivision (c) of Section 70 of the Revenue and Taxation Code. (Added by Stats. 1988, Ch. 162, Sec. 1.)
66012.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Fees for Specific Purposes [66012 - 66014] ( Chapter 7 added by Stats. 1990, Ch. 1572, Sec. 19. )
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A city, county, or city and county may levy a fee or charge for operating an aerial tramway within its jurisdiction. If the fee is disputed as unreasonable, the auditor or fiscal officer must study it and decide whether it is reasonable when asked by the legislative body.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Fees for Specific Purposes [66012 - 66014] ( Chapter 7 added by Stats. 1990, Ch. 1572, Sec. 19. ) ## 66012. (a)Notwithstanding any other provision of law which prescribes an amount or otherwise limits the amount of a fee or charge which may be levied by a city, county, or city and county, a city, county, or city and county shall have the authority to levy any fee or charge in connection with the operation of an aerial tramway within its jurisdiction. (b)If any person disputes whether a fee or charge levied pursuant to subdivision (a) is reasonable, the auditor, or if there is no auditor, the fiscal officer, of the city, county, or city and county shall, upon request of the legislative body of the city, county, or city and county, conduct a study and determine whether the fee or charge is reasonable. (Added by Stats. 1990, Ch. 1572, Sec. 19.)
66013.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Fees for Specific Purposes [66012 - 66014] ( Chapter 7 added by Stats. 1990, Ch. 1572, Sec. 19. )
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Local agencies charging water or sewer connection fees or capacity charges must keep them at or below estimated reasonable cost unless a two-thirds popular vote approves more.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Fees for Specific Purposes [66012 - 66014] ( Chapter 7 added by Stats. 1990, Ch. 1572, Sec. 19. ) ## 66013. (a) Notwithstanding any other provision of law, when a local agency imposes fees for water connections or sewer connections, or imposes capacity charges, those fees or charges shall not exceed the estimated reasonable cost of providing the service for which the fee or charge is imposed, unless a question regarding the amount of the fee or charge imposed in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by, a popular vote of two-thirds of those electors voting on the issue. (b) As used in this section: (1) “Sewer connection” means the connection of a structure or project to a public sewer system. (2) “Water connection” means the connection of a structure or project to a public water system, as defined in subdivision (h) of Section 116275 of the Health and Safety Code. (3) “Capacity charge” means a charge for public facilities in existence at the time a charge is imposed or charges for new public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public facilities. A “capacity charge” does not include a commodity charge. (4) “Local agency” means a local agency as defined in Section 66000. (5) “Fee” means a fee for the physical facilities necessary to make a water connection or sewer connection, including, but not limited to, meters, meter boxes, and pipelines from the structure or project to a water distribution line or sewer main, and the estimated reasonable cost of labor and materials for installation of those facilities bears a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the water connection or sewer connection. (6) “Public facilities” means public facilities as defined in Section 66000. (c) A local agency receiving payment of a charge as specified in paragraph (3) of subdivision (b) shall deposit it in a separate capital facilities fund with other charges received, and account for the charges in a manner to avoid any commingling with other moneys of the local agency, except for investments, and shall expend those charges solely for the purposes for which the charges were collected. Any interest income earned from the investment of moneys in the capital facilities fund shall be deposited in that fund. (d) For a fund established pursuant to subdivision (c), a local agency shall make available to the public, within 180 days after the last day of each fiscal year, the following information for that fiscal year: (1) A description of the charges deposited in the fund. (2) The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund. (3) The amount of charges collected in that fiscal year. (4) An identification of all of the following: (A) Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. (B) Each public improvement on which charges were expended that was completed during that fiscal year. (C) Each public improvement that is anticipated to be undertaken in the following fiscal year. (5) A description of each interfund transfer or loan made from the capital facilities fund. The information provided, in the case of an interfund transfer, shall identify the public improvements on which the transferred moneys are, or will be, expended. The information, in the case of an interfund loan, shall include the date on which the loan will be repaid, and the rate of interest that the fund will receive on the loan. (e) The information required pursuant to subdivision (d) may be included in the local agency’s annual financial report. (f) The provisions of subdivisions (c) and (d) shall not apply to any of the following: (1) Moneys received to construct public facilities pursuant to a contract between a local agency and a person or entity, including, but not limited to, a reimbursement agreement pursuant to Section 66003. (2) Charges that are used to pay existing debt service or which are subject to a contract with a trustee for bondholders that requires a different accounting of the charges, or charges that are used to reimburse the local agency or to reimburse a person or entity who advanced funds under a reimbursement agreement or contract for facilities in existence at the time the charges are collected. (3) Charges collected on or before December 31, 1998. (g) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance, resolution, or motion imposing a fee or capacity charge subject to this section shall be brought pursuant to Section 66022. (h) Fees and charges subject to this section are not subject to the provisions of Chapter 5 (commencing with Section 66000), but are subject to the provisions of Sections 66016, 66022, and 66023. (i) Subdivisions (c) and (d) only apply to capacity charges levied pursuant to this section. (Amended by Stats. 2020, Ch. 370, Sec. 180. (SB 1371) Effective January 1, 2021.)
66014.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Fees for Specific Purposes [66012 - 66014] ( Chapter 7 added by Stats. 1990, Ch. 1572, Sec. 19. )
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Local agencies charging certain planning and permit fees generally may not exceed the estimated reasonable cost of providing the service, unless the excess is approved by a two-thirds vote of the electors voting on the issue.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Fees for Specific Purposes [66012 - 66014] ( Chapter 7 added by Stats. 1990, Ch. 1572, Sec. 19. ) ## 66014. (a) Notwithstanding any other provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5; the processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 or under any other authority; those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged, unless a question regarding the amount of the fee charged in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by, a popular vote of two-thirds of those electors voting on the issue. (b) The fees charged pursuant to subdivision (a) may include the costs reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations. (c) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance, resolution, or motion authorizing the charge of a fee subject to this section shall be brought pursuant to Section 66022. (Amended by Stats. 2002, Ch. 963, Sec. 1. Effective January 1, 2003.)
66015.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7.5. Fees for Solar Energy Systems [66015- 66015.] ( Heading of Chapter 7.5 amended by Stats. 2017, Ch. 849, Sec. 2. )
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Local governments may not charge solar permit fees above specified limits, unless they make a written finding with substantial evidence supporting a higher fee.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7.5. Fees for Solar Energy Systems [66015- 66015.] ( Heading of Chapter 7.5 amended by Stats. 2017, Ch. 849, Sec. 2. ) ## 66015. (a) For a residential solar energy system: (1) A city, county, city and county, or charter city shall not charge a residential permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), for photovoltaic systems, that fee shall not exceed four hundred fifty dollars ($450) plus fifteen dollars ($15) per kilowatt for each kilowatt above 15kW. Except as provided in paragraph (2), for thermal systems, that fee shall not exceed four hundred fifty dollars ($450) plus fifteen dollars ($15) per kilowatt thermal for each kilowatt thermal above 10kWth. (2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a residential permit fee for a solar energy system that exceeds the fees specified in paragraph (1) if the city, county, city and county, or charter city, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit. (b) For a commercial solar energy system: (1) A city, county, city and county, or charter city shall not charge a commercial permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), for photovoltaic systems, the fee shall not exceed one thousand dollars ($1,000) for systems up to 50kW plus seven dollars ($7) per kilowatt for each kilowatt between 51kW and 250kW, plus five dollars ($5) per kilowatt for each kilowatt above 250kW. Except as provided in paragraph (2), for thermal systems, the fee shall not exceed one thousand dollars ($1,000) for systems up to 30kWth, plus seven dollars ($7) per kilowatt thermal for each kilowatt thermal between 30kWth and 260kWth, plus five dollars ($5) per kilowatt thermal for each kilowatt thermal above 260kWth. (2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a commercial permit fee for a solar energy system that exceeds the applicable fee specified in paragraph (1) if the city, county, city and county, or charter city, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit. (c) A written finding adopted pursuant to paragraph (2) of subdivision (a) or (b) shall include all of the following: (1) A determination that the municipality has adopted appropriate ordinances, permit fees, and processes to streamline the submittal and approval of permits for solar energy systems pursuant to the practices and policies in state guidelines, the checklists and standard plans in the California Solar Permitting Guidebook, and model ordinances. (2) A calculation related to the administrative cost of issuing a solar permit that includes consideration of any reduction in costs to issue the permit or inspect a solar energy system pursuant to Section 65850.5. (3) A description of how the higher fee will result in a quick and streamlined approval process. (d) For purposes of this section, “administrative costs” means the costs incurred in connection with the review, approval, and issuance of the permit, and the hourly site inspection and followup costs, and may also include an amortization of the costs incurred in connection with producing a written finding and adopting an ordinance or resolution pursuant to subdivision (a) or (b). (e) For purposes of this section, “residential permit fee” means the sum of all charges levied by a city, county, city and county, or charter city in connection with the application for a solar energy system that is installed on the property of a single- or two-family dwelling. (f) For purposes of this section, “commercial permit fee” means the sum of all charges levied by a city, county, city and county, or charter city in connection with the application for a commercial solar energy system, including, but not limited to, a solar energy system that is installed on the property of multifamily housing that has more than two family dwellings. (g) For purposes of this section, “solar energy system” has the same meaning as defined in Section 801.5 of the Civil Code. (h) It is the intent of the Legislature that a city, county, city and county, or charter city that meets the obligations of subdivisions (a) and (b) receive priority access to state funds for the purposes of distributed energy generation planning, permitting, training, or implementation. (i) Nothing in this section precludes a city, county, city and county, or charter city from conducting a plan check to confirm the safety of a solar energy system pursuant to Section 65850.5 and the California Building Standards Code (Title 24 of the California Code of Regulations). (j) This section shall remain in effect only until January 1, 2034, and as of that date is repealed. (Amended by Stats. 2023, Ch. 357, Sec. 1. (AB 1132) Effective January 1, 2024. Repealed as of January 1, 2034, by its own provisions.)
66016.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. )
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Local agencies must give public notice and hold a public meeting before adopting or raising certain fees or service charges, and they cannot charge more than the estimated cost unless voter approval applies.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. ) ## 66016. (a) Prior to levying a new fee or service charge, or prior to approving an increase in an existing fee or service charge, a local agency shall hold at least one open and public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this section is available, shall be mailed at least 14 days prior to the meeting to any interested party who files a written request with the local agency for mailed notice of the meeting on new or increased fees or service charges. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. At least 10 days prior to the meeting, the local agency shall make available to the public data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues. Unless there has been voter approval, as prescribed by Section 66013 or 66014, no local agency shall levy a new fee or service charge or increase an existing fee or service charge to an amount which exceeds the estimated amount required to provide the service for which the fee or service charge is levied. If, however, the fees or service charges create revenues in excess of actual cost, those revenues shall be used to reduce the fee or service charge creating the excess. (b) Any action by a local agency to levy a new fee or service charge or to approve an increase in an existing fee or service charge shall be taken only by ordinance or resolution. The legislative body of a local agency shall not delegate the authority to adopt a new fee or service charge, or to increase a fee or service charge. (c) Any costs incurred by a local agency in conducting the meeting or meetings required pursuant to subdivision (a) may be recovered from fees charged for the services which were the subject of the meeting. (d) This section shall apply only to fees and charges as described in Sections 51287, 56383, 65104, 65456, 65584.1, 65863.7, 65909.5, 66013, 66014, and 66451.2 of this code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code. (e) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance, resolution, or motion levying a fee or service charge subject to this section shall be brought pursuant to Section 66022. (Amended by Stats. 2006, Ch. 643, Sec. 19. Effective January 1, 2007.)
66016.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. )
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Cities, counties, and special districts that conduct an impact fee nexus study must follow specified study, notice, update, and fee-calculation rules.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. ) ## 66016.5. (a) A city, county, or special district that conducts an impact fee nexus study shall follow all of the following standards and practices: (1) Before the adoption of an associated development fee, an impact fee nexus study shall be adopted. (2) When applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate. (3) A nexus study shall include information that supports the city’s, county’s, or special district’s actions, as required by subdivision (a) of Section 66001. (4) If a nexus study supports the increase of an existing fee, the city, county, or special district shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of fees collected under the original fee. (5) (A) A nexus study adopted after July 1, 2022, shall calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development. A city, county, or special district that imposes a fee proportionately to the square footage of the proposed units of the development shall be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development. (B) A nexus study is not required to comply with subparagraph (A) if the city, county, or special district makes a finding that includes all of the following: (i) An explanation as to why square footage is not an appropriate metric to calculate fees imposed on a housing development project. (ii) An explanation that an alternative basis of calculating the fee bears a reasonable relationship between the fee charged and the burden posed by the development. (iii) That other policies in the fee structure support smaller developments, or otherwise ensure that smaller developments are not charged disproportionate fees. (C) This paragraph does not prohibit an agency from establishing different fees for different types of developments. (6) Large jurisdictions shall adopt a capital improvement plan as a part of the nexus study. (7) All studies shall be adopted at a public hearing with at least 30 days’ notice, and the city, county, or special district shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing. (8) Studies shall be updated at least every eight years, from the period beginning on January 1, 2022. (9) The city, county, or special district may use the impact fee nexus study template developed by the Department of Housing and Community Development pursuant to Section 50466.5 of the Health and Safety Code. (b) This section does not apply to any fees or charges pursuant to Section 66013. (c) For purposes of this section: (1) “City” includes a charter city. (2) “Development fee” has the same meaning as defined in subdivision (b) of Section 66000. (3) “Large jurisdiction” has the same meaning as defined in subdivision (d) of Section 53559.1 of the Health and Safety Code. (4) “Public facility” has the same meaning as defined in subdivision (d) of Section 66000. (d) Nothing in this section shall be construed to relieve a city, county, or special district of the requirement that it comply with Chapter 5 (commencing with Section 66000), the California Constitution, or applicable case law when calculating the amount of a fee. (Amended (as amended by Stats. 2022, Ch. 128, Sec. 1) by Stats. 2022, Ch. 658, Sec. 2. (AB 2668) Effective January 1, 2023.)
66016.6.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. )
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A local agency must evaluate a new fee or capacity charge before levying it, and must make the evaluation information publicly available at least 14 days before the related meeting.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. ) ## 66016.6. (a) Prior to levying a new fee or capacity charge, a local agency shall evaluate the amount of the fee or capacity charge. The evaluation shall include evidence to support that the fee or capacity charge does not exceed the estimated reasonable cost of providing service, in accordance with Section 66013. (b) All information constituting the evaluation shall be made publicly available at least 14 days prior to a meeting held in accordance with subdivision (a) of Section 66016. (c) For purposes of this section: (1) “Capacity charge” has the same meaning as defined in Section 66013. (2) “Fee” has the same meaning as defined in Section 66013. (3) “Local agency” has the same meaning as defined in Section 66013. (d) Nothing in this section shall be construed to relieve a local agency of the requirement that it comply with Chapter 7 (commencing with Section 66012), the California Constitution, or applicable case law when calculating the amount of a fee. (Added by Stats. 2022, Ch. 128, Sec. 2. (AB 2536) Effective January 1, 2023.)
66017.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. )
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Fee or charge increases on certain development projects must follow notice and public hearing procedures and cannot take effect for at least 60 days; a local agency legislative body may instead adopt a short-term urgency measure for public health, welfare, and safety if it meets voting, findings, and extension limits.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. ) ## 66017. (a) Any action adopting a fee or charge, or increasing a fee or charge adopted, upon a development project, as defined in Section 66000, which applies to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use shall be enacted in accordance with the notice and public hearing procedures specified in Section 54986 or 66016 and shall be effective no sooner than 60 days following the final action on the adoption of the fee or charge or increase in the fee or charge. (b) Without following the procedure otherwise required for the adoption of a fee or charge, or increasing a fee or charge, the legislative body of a local agency may adopt an urgency measure as an interim authorization for a fee or charge, or increase in a fee or charge, to protect the public health, welfare and safety. The interim authorization shall require four-fifths vote of the legislative body for adoption. The interim authorization shall have no force or effect 30 days after its adoption. The interim authority shall contain findings describing the current and immediate threat to the public health, welfare, and safety. After notice and public hearing pursuant to Section 54986 or 66016, the legislative body may extend the interim authority for an additional 30 days. Not more than two extensions may be granted. Any extension shall also require a four-fifths vote of the legislative body. (Amended by Stats. 2006, Ch. 538, Sec. 320. Effective January 1, 2007.)
66018.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. )
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Before a local agency adopts or increases certain fees, it must hold a public hearing and publish notice of the meeting; it may recover hearing costs through the fees.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. ) ## 66018. (a)Prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published in accordance with Section 6062a. (b)Any costs incurred by a local agency in conducting the hearing required pursuant to subdivision (a) may be recovered as part of the fees which were the subject of the hearing. (c)This section applies only to the adopting or increasing of fees to which a specific statutory notice requirement, other than Section 54954.2, does not apply. (d) As used in this section, “fees” do not include rates or charges for water, sewer, or electrical service. (Added by Stats. 1990, Ch. 1572, Sec. 20.)
66018.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. )
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In this chapter, “local agency” means the same thing as in Section 66000.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. ) ## 66018.5. “Local agency,” as used in this chapter, has the same meaning as provided in Section 66000. (Added by Stats. 1990, Ch. 1572, Sec. 20.)
66019.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. )
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This section sets notice, information, and timing rules for new or increased fees, and lets local bodies use email notice and adjust fees after reviewing evidence.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. Procedures for Adopting Various Fees [66016 - 66019] ( Chapter 8 added by Stats. 1990, Ch. 1572, Sec. 20. ) ## 66019. (a) As used in this section: (1) “Fee” means a fee as defined in Section 66000, but does not include any of the following: (A) A fee authorized pursuant to Section 66013. (B) A fee authorized pursuant to Section 17620 of the Education Code, or Sections 65995.5 and 65995.7. (C) Rates or charges for water, sewer, or electrical services. (D) Fees subject to Section 66016. (2) “Party” means a person, entity, or organization representing a group of people or entities. (3) “Public facility” means a public facility as defined in Section 66000. (b) For any fee, notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this subdivision is available shall be mailed at least 14 days prior to the first meeting to an interested party who files a written request with the city, county, or city and county for mailed notice of a meeting on a new or increased fee to be enacted by the city, county, or city and county. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body of the city, county, or city and county may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. The legislative body may send the notice electronically. At least 10 days prior to the meeting, the city, county, or city and county shall make available to the public the data indicating the amount of cost, or the estimated cost, required to provide the public facilities and the revenue sources anticipated to fund those public facilities, including general fund revenues. The new or increased fee shall be effective no earlier than 60 days following the final action on the adoption or increase of the fee, unless the city, county, or city and county follows the procedures set forth in subdivision (b) of Section 66017. (c) If a city, county, or city and county receives a request for mailed notice pursuant to this section, or a local agency receives a request for mailed notice pursuant to Section 66016, the city, county, or city and county or other local agency may provide the notice via electronic mail for those who specifically request electronic mail notification. A city, county, city or county, or other local agency that provides electronic mail notification pursuant to this subdivision shall send the electronic mail notification to the electronic mail address indicated in the request. The electronic mail notification authorized by this subdivision shall operate as an alternative to the mailed notice required by this section. (d) (1) Any member of the public, including an applicant for a development project, may submit evidence that the city, county, or other local agency’s determinations and findings required pursuant to subdivision (a) of Section 66001 are insufficient or that the local agency otherwise failed to comply with this chapter. Evidence submitted pursuant to this subdivision may include, but is not limited to, information regarding the proposed fee calculation, assumptions, or methodology or the calculation, assumptions, or methodology for an existing fee upon which the proposed fee or fee increase is based. (2) The legislative body of the city, county, or other local agency shall consider any evidence submitted pursuant to paragraph (1) that is timely submitted under this chapter. After consideration of the evidence, the legislative body of the city, county, or other local agency may change or adjust the proposed fee or fee increase if deemed necessary by the legislative body. (Amended by Stats. 2021, Ch. 347, Sec. 3. (AB 602) Effective January 1, 2022.)
6602.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. )
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If a charge is not paid, a lien securing the charge accrues to the State, and the lien may be foreclosed under this chapter.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. ) ## 6602. If the charge is not paid, a lien to secure the payment of the charge accrues to the State. The lien may be foreclosed pursuant to this chapter. (Added by Stats. 1951, Ch. 587.)
66020.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9. Protests, Legal Actions, and Audits [66020 - 66025] ( Chapter 9 added by Stats. 1990, Ch. 1572, Sec. 22. )
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A party may protest certain development fees or exactions by tendering payment or arranging payment and serving written notice, and local agencies may not use that compliance alone to deny project approvals.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9. Protests, Legal Actions, and Audits [66020 - 66025] ( Chapter 9 added by Stats. 1990, Ch. 1572, Sec. 22. ) ## 66020. (a) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, as defined in Section 66000, by a local agency by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the governing body of the entity, which notice shall contain all of the following information: (A) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (B) A statement informing the governing body of the factual elements of the dispute and the legal theory forming the basis for the protest. (b) Compliance by any party with subdivision (a) shall not be the basis for a local agency to withhold approval of any map, plan, permit, zone change, license, or other form of permission, or concurrence, whether discretionary, ministerial, or otherwise, incident to, or necessary for, the development project. This section does not limit the ability of a local agency to ensure compliance with all applicable provisions of law in determining whether or not to approve or disapprove a development project. (c) Where a reviewing local agency makes proper and valid findings that the construction of certain public improvements or facilities, the need for which is directly attributable to the proposed development, is required for reasons related to the public health, safety, and welfare, and elects to impose a requirement for construction of those improvements or facilities as a condition of approval of the proposed development, then in the event a protest is lodged pursuant to this section, that approval shall be suspended pending withdrawal of the protest, the expiration of the limitation period of subdivision (d) without the filing of an action, or resolution of any action filed. This subdivision confers no new or independent authority for imposing fees, dedications, reservations, or other exactions not presently governed by other law. (d) (1) A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. (2) Any party who files a protest pursuant to subdivision (a) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications, reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. Thereafter, notwithstanding any other law to the contrary, all persons are barred from any action or proceeding or any defense of invalidity or unreasonableness of the imposition. Any proceeding brought pursuant to this subdivision shall take precedence over all matters of the calendar of the court except criminal, probate, eminent domain, forcible entry, and unlawful detainer proceedings. (e) If the court finds in favor of the plaintiff in any action or proceeding brought pursuant to subdivision (d), the court shall direct the local agency to refund the unlawful portion of the payment, with interest at the rate of 8 percent per annum, or return the unlawful portion of the exaction imposed. (f) (1) If the court grants a judgment to a plaintiff invalidating, as enacted, all or a portion of an ordinance or resolution enacting a fee, dedication, reservation, or other exaction, the court shall direct the local agency to refund the unlawful portion of the payment, plus interest at an annual rate equal to the average rate accrued by the Pooled Money Investment Account during the time elapsed since the payment occurred, or to return the unlawful portion of the exaction imposed. (2) If an action is filed within 120 days of the date at which an ordinance or resolution to establish or modify a fee, dedication, reservation, or other exactions to be imposed on a development project takes effect, the portion of the payment or exaction invalidated shall also be returned to any other person who, under protest pursuant to this section and under that invalid portion of that same ordinance or resolution as enacted, tendered the payment or provided for or satisfied the exaction during the period from 90 days prior to the date of the filing of the action which invalidates the payment or exaction to the date of the entry of the judgment referenced in paragraph (1). (g) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (h) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. (Amended by Stats. 1996, Ch. 549, Sec. 2. Effective January 1, 1997.)
66021.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9. Protests, Legal Actions, and Audits [66020 - 66025] ( Chapter 9 added by Stats. 1990, Ch. 1572, Sec. 22. )
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A person subject to a fee, tax, assessment, dedication, reservation, or other exaction required for development approval may protest its imposition, except for certain taxes or assessments covered by other protest procedures or pledged to bonds or other public debt.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9. Protests, Legal Actions, and Audits [66020 - 66025] ( Chapter 9 added by Stats. 1990, Ch. 1572, Sec. 22. ) ## 66021. (a) Any party on whom a fee, tax, assessment, dedication, reservation, or other exaction has been imposed, the payment or performance of which is required to obtain governmental approval of a development, as defined by Section 65927, or development project, may protest the establishment or imposition of the fee, tax, assessment, dedication, reservation, or other exaction as provided in Section 66020. (b) The protest procedures of subdivision (a) do not apply to the protest of any tax or assessment (1) levied pursuant to a principal act that contains protest procedures, or (2) that is pledged to secure payment of the principal of, or interest on, bonds or other public indebtedness. (Amended by Stats. 1998, Ch. 689, Sec. 7. Effective January 1, 1999.)
66022.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9. Protests, Legal Actions, and Audits [66020 - 66025] ( Chapter 9 added by Stats. 1990, Ch. 1572, Sec. 22. )
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Challenges to certain local fee or service charge actions must be filed within 120 days, and actions under this section must follow a specified civil procedure chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9. Protests, Legal Actions, and Audits [66020 - 66025] ( Chapter 9 added by Stats. 1990, Ch. 1572, Sec. 22. ) ## 66022. (a) Any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, or motion adopting a new fee or service charge, or modifying or amending an existing fee or service charge, adopted by a local agency, as defined in Section 66000, shall be commenced within 120 days of the effective date of the ordinance, resolution, or motion. If an ordinance, resolution, or motion provides for an automatic adjustment in a fee or service charge, and the automatic adjustment results in an increase in the amount of a fee or service charge, any action or proceeding to attack, review, set aside, void, or annul the increase shall be commenced within 120 days of the effective date of the increase. (b)Any action by a local agency or interested person under this section shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (c) This section shall apply only to fees, capacity charges, and service charges described in and subject to Sections 66013, 66014, and 66016. (Amended by Stats. 2006, Ch. 643, Sec. 20. Effective January 1, 2007.)
66023.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9. Protests, Legal Actions, and Audits [66020 - 66025] ( Chapter 9 added by Stats. 1990, Ch. 1572, Sec. 22. )
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A person may request an audit of local agency fees, and the local agency may use an independent auditor. If the audit shows a fee is too high, the local agency must adjust it.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9. Protests, Legal Actions, and Audits [66020 - 66025] ( Chapter 9 added by Stats. 1990, Ch. 1572, Sec. 22. ) ## 66023. (a) (1) Except as otherwise provided in paragraph (3), a person may request an audit in order to determine all of the following: (A) Whether any fee or charge levied by a local agency exceeds the amount reasonably necessary to cover the cost of any product, public facility, as defined in Section 66000, or service provided by the local agency. (B) When the revenue generated by a fee or charge is scheduled to be expended. (C) When the public improvement is scheduled to be completed. (2) (A) Except as provided in subparagraph (B), if a person makes a request pursuant to paragraph (1), the legislative body of the local agency may retain an independent auditor to conduct an audit to determine whether the fee or charge is reasonable, when the revenue generated by a fee or charge is scheduled to be expended, and when the project is scheduled to be completed. (B) The legislative body is not required to conduct the audit if an audit has been performed for the same fee within the previous 12 months. (3) Subparagraphs (B) and (C) of paragraph (1) shall not apply to a fee subject to Section 66013. (b) To the extent that the audit determines that the amount of any fee or charge does not meet the requirements of this section, the local agency shall adjust the fee accordingly. This subdivision does not apply to a fee authorized pursuant to Section 17620 of the Education Code, or Sections 65995.5 and 65995.7. (c) Except as otherwise provided in subdivision (h), the local agency shall retain an independent auditor to conduct an audit only if the person who requests the audit deposits with the local agency the amount of the local agency’s reasonable estimate of the cost of the independent audit. At the conclusion of the audit, the local agency shall reimburse unused sums, if any, or the requesting person shall pay the local agency the excess of the actual cost of the audit over the sum which was deposited. (d) Any audit conducted by an independent auditor to determine whether a fee or charge levied by a local agency exceeds the amount reasonably necessary to cover the cost of providing the product or service shall conform to generally accepted auditing standards. (e) The procedures specified in this section shall be alternative and in addition to those specified in Section 54985. (f) The Legislature finds and declares that oversight of local agency fees is a matter of statewide interest and concern. It is, therefore, the intent of the Legislature that this chapter shall supersede all conflicting local laws and shall apply in charter cities. (g) This section shall not be construed as granting any additional authority to any local agency to levy any fee or charge which is not otherwise authorized by another provision of law, nor shall its provisions be construed as granting authority to any local agency to levy a new fee or charge when other provisions of law specifically prohibit the levy of a fee or charge. (h) Notwithstanding subdivision (c), if a local agency does not comply with subdivision (b) of Section 66006 for three consecutive years, both of the following shall apply: (1) The local agency shall not require a deposit for an independent audit requested pursuant to this section and shall pay the cost of the audit. (2) The independent audit conducted shall include each consecutive year the local agency did not comply with subdivision (b) of Section 66006. (Amended by Stats. 2023, Ch. 741, Sec. 3. (AB 516) Effective January 1, 2024.)
66024.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9. Protests, Legal Actions, and Audits [66020 - 66025] ( Chapter 9 added by Stats. 1990, Ch. 1572, Sec. 22. )
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Local governments must prove certain development fees do not exceed cost in specified cases, and a party cannot start the related challenge unless it meets notice and fee-request steps.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9. Protests, Legal Actions, and Audits [66020 - 66025] ( Chapter 9 added by Stats. 1990, Ch. 1572, Sec. 22. ) ## 66024. (a) In any judicial action or proceeding to validate, attack, review, set aside, void, or annul any ordinance or resolution providing for the imposition of a development fee by any city, county, or district in which there is at issue whether the development fee is a special tax within the meaning of Section 50076, the city, county, or district has the burden of producing evidence to establish that the development fee does not exceed the cost of the service, facility, or regulatory activity for which it is imposed. (b) No party may initiate any action or proceeding pursuant to subdivision (a) unless both of the following requirements are met: (1) The development fee was directly imposed on the party as a condition of project approval. (2) At least 30 days prior to initiating the action or proceeding, the party requests the city, county, or district to provide a copy of the documents that establish that the development fee does not exceed the cost of the service, facility, or regulatory activity for which it is imposed. In accordance with subdivision (a) of Section 7922.530, the city, county, or district may charge a fee for copying the documents requested pursuant to this paragraph. (c) For purposes of this section, costs shall be determined in accordance with fundamental fairness and consistency of method as to the allocation of costs, expenses, revenues, and other items included in the calculation. (Amended by Stats. 2021, Ch. 615, Sec. 216. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
66025.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9. Protests, Legal Actions, and Audits [66020 - 66025] ( Chapter 9 added by Stats. 1990, Ch. 1572, Sec. 22. )
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In this chapter, “local agency” means the local agency defined in Section 66000.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9. Protests, Legal Actions, and Audits [66020 - 66025] ( Chapter 9 added by Stats. 1990, Ch. 1572, Sec. 22. ) ## 66025. “Local agency,” as used in this chapter, means a local agency as defined in Section 66000. (Added by Stats. 1990, Ch. 1572, Sec. 22.)
6603.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. )
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If the charge remains unpaid for three years, the lien may be foreclosed and the superintendent or warden may sell the property to cover the lien and sale costs.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. ) ## 6603. If the charge is not paid within three years, the lien may be foreclosed, and the superintendent or warden may sell the property, or such part as is necessary, to satisfy the lien and costs of sale. The property may be sold at public or private sale. (Added by Stats. 1951, Ch. 587.)
66030.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9.3. Mediation and Resolution of Land Use Disputes [66030 - 66035] ( Chapter 9.3 added by Stats. 1994, Ch. 300, Sec. 1. )
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The Legislature states that land use disputes should be addressed through formal mediation processes, while still allowing parties to go to court.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9.3. Mediation and Resolution of Land Use Disputes [66030 - 66035] ( Chapter 9.3 added by Stats. 1994, Ch. 300, Sec. 1. ) ## 66030. (a) The Legislature finds and declares all of the following: (1) Current law provides that aggrieved agencies, project proponents, and affected residents may bring suit against the land use decisions of state and local governmental agencies. In practical terms, nearly anyone can sue once a project has been approved. (2) Contention often arises over projects involving local general plans and zoning, redevelopment plans, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), development impact fees, annexations and incorporations, and the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)). (3) When a public agency approves a development project that is not in accordance with the law, or when the prerogative to bring suit is abused, lawsuits can delay development, add uncertainty and cost to the development process, make housing more expensive, and damage California’s competitiveness. This litigation begins in the superior court, and often progresses on appeal to the Court of Appeal and the Supreme Court, adding to the workload of the state’s already overburdened judicial system. (b) It is, therefore, the intent of the Legislature to help litigants resolve their differences by establishing formal mediation processes for land use disputes. In establishing these mediation processes, it is not the intent of the Legislature to interfere with the ability of litigants to pursue remedies through the courts. (Added by Stats. 1994, Ch. 300, Sec. 1. Effective January 1, 1995.)
66031.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9.3. Mediation and Resolution of Land Use Disputes [66030 - 66035] ( Chapter 9.3 added by Stats. 1994, Ch. 300, Sec. 1. )
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The court may invite the parties to consider mediation after a reply deadline, and the parties must notify the court within 30 days if they choose a mediator.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9.3. Mediation and Resolution of Land Use Disputes [66030 - 66035] ( Chapter 9.3 added by Stats. 1994, Ch. 300, Sec. 1. ) ## 66031. (a) Notwithstanding any other provision of law, any action brought in the superior court relating to any of the following subjects may be subject to a mediation proceeding conducted pursuant to this chapter: (1) The approval or denial by a public agency of any development project. (2) Any act or decision of a public agency made pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (3) The failure of a public agency to meet the time limits specified in Chapter 4.5 (commencing with Section 65920), commonly known as the Permit Streamlining Act, or in the Subdivision Map Act (Division 2 (commencing with Section 66410)). (4) Fees determined pursuant to Chapter 6 (commencing with Section 17620) of Division 1 of Part 10.5 of the Education Code or Chapter 4.9 (commencing with Section 65995). (5) Fees determined pursuant to the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). (6) The adequacy of a general plan or specific plan adopted pursuant to Chapter 3 (commencing with Section 65100). (7) The validity of any sphere of influence, urban service area, change of organization or reorganization, or any other decision made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5). (8) The adoption or amendment of a redevelopment plan pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). (9) The validity of any zoning decision made pursuant to Chapter 4 (commencing with Section 65800). (10) The validity of any decision made pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code. (b) Within five days after the deadline for the respondent or defendant to file its reply to an action, the court may invite the parties to consider resolving their dispute by selecting a mutually acceptable person to serve as a mediator, or an organization or agency to provide a mediator. (c) In selecting a person to serve as a mediator, or an organization or agency to provide a mediator, the parties shall consider the following: (1) The council of governments having jurisdiction in the county where the dispute arose. (2) Any subregional or countywide council of governments in the county where the dispute arose. (3) Any other person with experience or training in mediation including those with experience in land use issues, or any other organization or agency that can provide a person with experience or training in mediation, including those with experience in land use issues. (d) If the court invites the parties to consider mediation, the parties shall notify the court within 30 days if they have selected a mutually acceptable person to serve as a mediator. If the parties have not selected a mediator within 30 days, the action shall proceed. The court shall not draw any implication, favorable or otherwise, from the refusal by a party to accept the invitation by the court to consider mediation. Nothing in this section shall preclude the parties from using mediation at any other time while the action is pending. (Amended by Stats. 2010, Ch. 699, Sec. 24. (SB 894) Effective January 1, 2011.)
66032.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9.3. Mediation and Resolution of Land Use Disputes [66030 - 66035] ( Chapter 9.3 added by Stats. 1994, Ch. 300, Sec. 1. )
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This section pauses time limits during mediation, excludes certain mediations from meeting laws, requires actions to resume after 90 days unless settled or extended in writing, and makes certain Evidence Code rules apply.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9.3. Mediation and Resolution of Land Use Disputes [66030 - 66035] ( Chapter 9.3 added by Stats. 1994, Ch. 300, Sec. 1. ) ## 66032. (a) Notwithstanding any provision of law to the contrary, all time limits with respect to an action shall be tolled while the mediator conducts the mediation, pursuant to this chapter. (b) Mediations conducted by a mediator pursuant to this chapter that involve less than a quorum of a legislative body or a state body shall not be considered meetings of a legislative body pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), nor shall they be considered meetings of a state body pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2). (c) Any action taken regarding mediation conducted pursuant to this chapter shall be taken in accordance with the provisions of current law. (d) Ninety days after the commencement of the mediation, and every 90 days thereafter, the action shall be reactivated unless the parties to the action do either of the following: (1) Arrive at a settlement and implement it in accordance with the provisions of current law. (2) Agree by written stipulation to extend the mediation for another 90-day period. (e) Section 703.5 and Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code apply to any mediation conducted pursuant to this chapter. (f) This section shall become operative on January 1, 2016. (Repealed (in Sec. 1) and added by Stats. 2010, Ch. 496, Sec. 2. (SB 1456) Effective September 29, 2010. Section operative January 1, 2016, by its own provisions.)
66034.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9.3. Mediation and Resolution of Land Use Disputes [66030 - 66035] ( Chapter 9.3 added by Stats. 1994, Ch. 300, Sec. 1. )
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If mediation fails, the court may schedule a settlement conference before a superior court judge. If the case later goes to a merits hearing, a different judge must hear it, unless the county has only one superior court judge.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9.3. Mediation and Resolution of Land Use Disputes [66030 - 66035] ( Chapter 9.3 added by Stats. 1994, Ch. 300, Sec. 1. ) ## 66034. If the mediation does not resolve the action, the court may, in its discretion, schedule a settlement conference before a judge of the superior court. If the action is later heard on its merits, the judge hearing the action shall not be the same judge who conducted the settlement conference, except in counties with only one judge of the superior court. (Added by Stats. 1994, Ch. 300, Sec. 1. Effective January 1, 1995.)
66035.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9.3. Mediation and Resolution of Land Use Disputes [66030 - 66035] ( Chapter 9.3 added by Stats. 1994, Ch. 300, Sec. 1. )
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The Judicial Council may adopt rules, forms, and standards needed to implement this chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 9.3. Mediation and Resolution of Land Use Disputes [66030 - 66035] ( Chapter 9.3 added by Stats. 1994, Ch. 300, Sec. 1. ) ## 66035. The Judicial Council may adopt rules, forms, and standards necessary to implement this chapter. (Added by Stats. 1994, Ch. 300, Sec. 1. Effective January 1, 1995.)
6604.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. )
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Notice of sale must be posted in a public place at the facility where the sale will take place, at least 10 days before the sale.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. ) ## 6604. At least 10 days before the sale notice of sale shall be posted in a public place at the state home, reformatory, hospital, institution, or state prison where it is to take place. (Added by Stats. 1951, Ch. 587.)
6605.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. )
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Sale proceeds must be turned over immediately to the State Treasurer for the General Fund, unless the sale is of property from a Veterans’ Home or Woman’s Relief Corps Home member, in which case the proceeds go to that home’s post fund.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. ) ## 6605. The proceeds of the sale shall be turned over immediately to the State Treasurer to be credited to the General Fund, except that the proceeds of the sale of property of a member of the Veterans’ Home or the Woman’s Relief Corps Home shall be deposited immediately in the post fund of the home at which the sale is had. (Added by Stats. 1951, Ch. 587.)
6606.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. )
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The superintendent or warden may deposit inmates’ funds in a bank in the state, and may deposit interest into a designated benefit fund or post fund with consent from the owners, guardians, or conservators.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. ) ## 6606. The superintendent or warden may deposit any funds of inmates in his possession in any bank in the state. With the consent of the owners of the funds or their guardians or conservators, he may deposit the interest accruing on the funds in a special fund designated the “benefit fund” or “post fund.” (Amended by Stats. 1979, Ch. 730.)
6607.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. )
Verify source ↗

The superintendent or warden serves as trustee of the benefit fund.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. ) ## 6607. The superintendent or warden is the trustee of the benefit fund. (Added by Stats. 1951, Ch. 587.)
6608.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. )
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He may use benefit fund or post fund money for inmates’ education or entertainment.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Benefit Funds [6600 - 6608] ( Chapter 6 added by Stats. 1951, Ch. 587. ) ## 6608. He may expend the money in the benefit fund or post fund for the education or entertainment of the inmates of the institution or prison under his supervision. (Added by Stats. 1951, Ch. 587.)
66100.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 10. Highway Interchange Districts [66100 - 66103] ( Heading of Chapter 10 renumbered from Chapter 6 (as added by Stats. 1963, Ch. 1758) by Stats. 1999, Ch. 83, Sec. 87. )
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The Legislature states that controls are needed over land use and development at certain freeway interchanges along the West Side Freeway portion of Interstate Route 5.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 10. Highway Interchange Districts [66100 - 66103] ( Heading of Chapter 10 renumbered from Chapter 6 (as added by Stats. 1963, Ch. 1758) by Stats. 1999, Ch. 83, Sec. 87. ) ## 66100. The Legislature finds and declares that , because substantial public moneys will be expended on the development of the West Side Freeway portion of Interstate Route 5, including the development of recreational and scenic observation sites in relatively undeveloped areas, and because new commercial and other development tends to locate at freeway interchanges in these areas, and this development may be detrimental to both traffic capacity and safety and to the preservation of the scenic characteristics along the freeway route, it is therefore necessary, in the interests of the public health, safety, and welfare, and to safeguard community economic development along the route of the freeway, to establish controls over the kinds, intensity, and design of land use and development that are permitted to occur at those interchanges along the freeway route from its intersection with the San Joaquin River to the junction of the route with State Highway Route 99 in the vicinity of Wheeler Ridge. (Added by renumbering Section 66400 by Stats. 1999, Ch. 83, Sec. 88. Effective January 1, 2000.)
66101.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 10. Highway Interchange Districts [66100 - 66103] ( Heading of Chapter 10 renumbered from Chapter 6 (as added by Stats. 1963, Ch. 1758) by Stats. 1999, Ch. 83, Sec. 87. )
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Local jurisdictions with specified West Side Freeway interchanges must establish highway interchange districts to regulate land use and development there.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 10. Highway Interchange Districts [66100 - 66103] ( Heading of Chapter 10 renumbered from Chapter 6 (as added by Stats. 1963, Ch. 1758) by Stats. 1999, Ch. 83, Sec. 87. ) ## 66101. To preserve the effective traffic capacity and safety of the West Side Freeway, to maintain and enhance the present character of the landscape abutting the freeway, and to ensure compatible land use and development at and near interchanges along the route, the kind, intensity, and design of land use and development occurring at the freeway interchanges on the portion of the West Side Freeway designated in Section 66100 shall be regulated within highway interchange districts, which districts shall be established by each local jurisdiction traversed by the West Side Freeway in which is located any of the interchanges identified in this chapter. (Added by renumbering Section 66401 by Stats. 1999, Ch. 83, Sec. 89. Effective January 1, 2000.)
66102.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 10. Highway Interchange Districts [66100 - 66103] ( Heading of Chapter 10 renumbered from Chapter 6 (as added by Stats. 1963, Ch. 1758) by Stats. 1999, Ch. 83, Sec. 87. )
Verify source ↗

Local jurisdictions must designate district boundaries for each interchange district.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 10. Highway Interchange Districts [66100 - 66103] ( Heading of Chapter 10 renumbered from Chapter 6 (as added by Stats. 1963, Ch. 1758) by Stats. 1999, Ch. 83, Sec. 87. ) ## 66102. The boundaries of each district shall be designated by the local jurisdiction within which each interchange is located and shall include the territory that the local jurisdiction deems to be affected by each interchange, but in no case shall the area consist of less than a circle of one-mile radius from the point of intersection of the centerline of the West Side Freeway with the centerline of any highway, street, or road intersecting at an interchange. (Added by renumbering Section 66402 by Stats. 1999, Ch. 83, Sec. 90. Effective January 1, 2000.)
66103.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 10. Highway Interchange Districts [66100 - 66103] ( Heading of Chapter 10 renumbered from Chapter 6 (as added by Stats. 1963, Ch. 1758) by Stats. 1999, Ch. 83, Sec. 87. )
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Each local jurisdiction must prepare a general land use plan and appropriate zoning ordinances for each highway interchange district by January 1, 1964.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 10. Highway Interchange Districts [66100 - 66103] ( Heading of Chapter 10 renumbered from Chapter 6 (as added by Stats. 1963, Ch. 1758) by Stats. 1999, Ch. 83, Sec. 87. ) ## 66103. Each local jurisdiction shall prepare for each highway interchange district a general land use plan and appropriate zoning ordinances by January 1, 1964. It shall be recognized that this state has a continuing interest in adequate enforcement of these plans and ordinances due to construction by this state of the West Side Freeway. (Added by renumbering Section 66403 by Stats. 1999, Ch. 83, Sec. 91. Effective January 1, 2000.)
66200.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. )
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This section defines key terms used in the housing sustainability districts chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. ) ## 66200. For the purposes of this chapter, the following definitions shall apply: (a) “Approving authority” means an agency of a city, county, or city and county that is established in the city’s, county’s, or city and county’s housing sustainability district ordinance and designated to review permit applications for development within the housing sustainability district in accordance with Section 66205. (b) “City, county, or city and county” includes a charter city, charter county, or charter city and county. (c) “Department” means the Department of Housing and Community Development. (d) “Developable land” means the area within a housing sustainability district that can be feasibly developed into residential or mixed-use development, including land area occupied by or associated with underutilized residential, commercial, or industrial buildings or uses that have the potential to be converted for residential or mixed use, in accordance with the rules and regulations of the department, except for the following: (1) Land that is already substantially developed, including existing parks and open space. (2) Areas exceeding one-half acre that are unsuitable for development due to topographical features or environmental preservation. (e) “Eligible location” means either of the following: (1) An area located within one-half mile of public transit. (2) An area that, by virtue of existing infrastructure, transportation access, existing underutilized facilities, or location, is highly suitable for a residential or mixed-use housing sustainability district. (f) “Mixed use” means that up to 50 percent of the square footage of a proposed development is designated for nonresidential use. (g) “Project” means a proposed residential or mixed use development within a housing sustainability district. (h) “Housing sustainability district” means an area within a city, county, or city and county designated pursuant to this chapter that is superimposed over an area within the jurisdiction of the city, county, or city and county in which a developer may elect to develop a project in accordance with either the housing sustainability district ordinance or the city’s, county’s, or city and county’s otherwise applicable general plan and zoning ordinances. (i) “Housing sustainability district ordinance” means the ordinance adopted by a city, county, or city and county pursuant to Section 66201 establishing a housing sustainability district. (Added by Stats. 2017, Ch. 371, Sec. 2. (AB 73) Effective January 1, 2018. Conditionally inoperative as provided in Stats. 2017, Ch. 371, Sec. 4.)
66201.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. )
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A city or county may create a housing sustainability district by ordinance after department approval, but the ordinance must meet listed zoning, density, affordability, labor, review, and relocation-assistance requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. ) ## 66201. (a) A city, county, or city and county, upon receipt of preliminary approval by the department pursuant to Section 66202, may establish by ordinance a housing sustainability district in accordance with this chapter. The city, county, or city and county shall adopt the ordinance in accordance with the requirements of Chapter 4 (commencing with Section 65800). (b) An area proposed to be designated a housing sustainability district pursuant to this chapter shall satisfy all of the following requirements: (1) The area is an eligible location, including any adjacent area served by existing infrastructure and utilities. (2) The area is zoned to permit residential use through the ministerial issuance of a permit. Other uses may be permitted by conditional use or other discretionary permit, provided that the use is consistent with residential use. (3) Density ranges for multifamily housing for which the minimum densities shall not be less than those deemed appropriate to accommodate housing for lower income households as set forth in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, and a density range for single-family attached or detached housing for which the minimum densities shall not be less than 10 units to the acre. A density range shall provide the minimum dwelling units per acre and the maximum dwelling units per acre. (4) The development of housing is permitted, consistent with neighborhood building and use patterns and any applicable building codes. (5) Limitations or moratoriums on residential use do not apply to any of the area, other than any limitation or moratorium imposed by court order. (6) The area is not subject to any general age or other occupancy restrictions, except that the city, county, or city and county may allow for the development of specific projects exclusively for the elderly or the disabled or for assisted living. (7) Housing units comply with all applicable federal, state, and local fair housing laws. (8) The area of the proposed housing sustainability district does not exceed 15 percent of the total land area under the jurisdiction of the city, county, or city and county unless the department approves a larger area in furtherance of the purposes of this chapter. (9) The total area of all housing sustainability districts within the city, county, or city and county does not exceed 30 percent of the total land area under the jurisdiction of the city, county, or city and county. (10) The housing sustainability district ordinance provides for the manner of review by an approving authority, as designated by the ordinance, pursuant to Section 66205 and in accordance with the rules and regulations adopted by the department. (11) Development projects in the area comply with the requirements of Section 66208, regarding the replacement of affordable housing units affected by the development. (c) The city, county, or city and county may apply uniform development policies or standards that will apply to all projects within the housing sustainability district, including parking ordinances, public access ordinances, grading ordinances, hillside development ordinances, flood plain ordinances, habitat or conservation ordinances, view protection ordinances, and requirements for reducing greenhouse gas emissions. (d) The city, county, or city and county may provide for mixed-use development within the housing sustainability district. (e) An amendment or repeal of a housing sustainability district ordinance shall not become effective unless the department provides written approval to the city, county, or city and county. The city, county, or city and county may request approval of a proposed amendment or repeal by submitting a written request to the department. The department shall evaluate the proposed amendment or repeal for the effect of that amendment or repeal on the city’s, county’s, or city and county’s housing element. If the department does not respond to a written request for amendment or repeal of an ordinance within 60 days of receipt of that request, the request shall be deemed approved. (f) The housing sustainability district ordinance shall do all of the following: (1) Provide for an approving authority to review permit applications for development within the housing sustainability district in accordance with Section 66205. (2) (A) Subject to subparagraph (B), require that at least 20 percent of the residential units constructed within the housing sustainability district be affordable to very low, low-, and moderate-income households and subject to a recorded affordability restriction for at least 55 years. A development that is affordable to persons and families whose income exceeds the income limit for persons and families of moderate income shall include no less than 10 percent of the units for lower income households at affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, unless the city, county, or city and county has adopted a local ordinance that requires that a greater percentage of the units be for lower income households, in which case that ordinance shall apply. (B) For a city, county, or city and county that includes its entire regional housing needs allocation pursuant to Section 65584 within the housing sustainability district, the percentages of the total units constructed or substantially rehabilitated within the housing sustainability district shall match the percentages in each income category of the city’s, county’s, or city and county’s regional housing need allocation. (C) This section does not expand or contract the authority of a local government to adopt an ordinance, charter amendment, general plan amendment, specific plan, resolution, or other land use policy or regulation requiring that any housing development contain a fixed percentage of affordable housing units. (3) Specify that a project is not deemed to be for residential use if it is infeasible for actual use as a single or multifamily residence. (4) Require that an applicant for a permit for a project within the housing sustainability district do the following, as applicable: (A) Certify to the approving authority that either of the following is true, as applicable: (i) That the entirety of the project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (ii) If the project is not in its entirety a public work, that all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the approving authority approves the application, then for those portions of the project that are not a public work all of the following shall apply: (I) The applicant shall include the prevailing wage requirement in all contracts for the performance of the work. (II) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (III) Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein. (IV) Except as provided in subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (V) Subclauses (III) and (IV) do not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subclause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (VI) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (B) (i) For projects for which any of the following conditions apply, certify to the approving authority that a skilled and trained workforce will be used to complete the project if the approving authority approves the project application: (I) On and after January 1, 2018, until December 31, 2021, the project consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more. (II) On and after January 1, 2022, until December 31, 2025, the project consists of 50 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more. (III) On and after January 1, 2018, until December 31, 2019, the project consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county. (IV) On and after January 1, 2020, until December 31, 2021, the project consists of more than 50 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county. (V) On and after January 1, 2022, until December 31, 2025, the project consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county. (ii) For purposes of this section, “skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (iii) If the applicant has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply: (I) The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the project. (II) Every contractor and subcontractor shall use a skilled and trained workforce to complete the project. (III) Except as provided in subclause (IV), the applicant shall provide to the approving authority, on a monthly basis while the project or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the approving authority pursuant to this subclause is a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code is subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce is subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the project using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund. (IV) Subclause (III) does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (C) Notwithstanding subparagraphs (A) and (B), a project within a housing sustainability district that is subject to approval by the approving authority is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following: (i) The project includes 10 or fewer units. (ii) The project is not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (5) Provide that a project is not eligible for approval from the approving authority if it involved or involves a subdivision that is, or, notwithstanding this chapter, would otherwise be, subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land, unless either of the following apply: (A) The project has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (4). (B) The project is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (4). (6) Provide for relocation assistance for persons and families displaced from their residences due to development within the housing sustainability district. (g) A housing sustainability district ordinance adopted pursuant to this section shall remain in effect for no more than 10 years, except that the city, county, or city and county may renew the housing sustainability district ordinance, for an additional period not exceeding 10 years, before the date upon which it would otherwise be repealed pursuant to this subdivision. (h) This section shall not be construed to affect the authority of a city, county, or city and county to amend its zoning regulations pursuant to Chapter 4 (commencing with Section 65800), except to the extent that an amendment affects a housing sustainability district. (i) The city, county, or city and county shall comply with Chapter 4.3 (commencing with Section 21155.10) of Division 13 of the Public Resources Code. (Amended by Stats. 2021, Ch. 615, Sec. 217. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615. Conditionally inoperative as provided in Stats. 2017, Ch. 371, Sec. 4.)
66202.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. )
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Cities and counties proposing a housing sustainability district may apply for preliminary approval, and the department must review, decide, and confirm approval if the stated conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. ) ## 66202. (a) (1) A city, county, or city and county that has proposed an ordinance establishing a housing sustainability district in accordance with this chapter may apply to the department for preliminary approval of a housing sustainability district. The department shall make a preliminary determination as to the eligibility of the proposed housing sustainability district for approval. (2) The department shall approve an application for preliminary approval for a zoning incentive payment if it determines both that the proposed housing sustainability district ordinance meets the requirements of this chapter and the city’s, county’s, or city and county’s housing element is in compliance with Article 10.6 (commencing with Section 65580) of Chapter 3. If the department denies the application, it shall inform the applicant city, county, or city and county of the deficiencies in its application. A city, county, or city and county may reapply upon correcting those deficiencies identified in the department’s denial. (3) The department shall transmit its determination to the applicant city, county, or city and county. (b) A city, county, or city and county that has proposed an ordinance establishing a housing sustainability district shall submit all of the following information with its application: (1) A description of the boundaries of the proposed housing sustainability district. (2) A description of the developable land within the proposed housing sustainability district. (3) A description of other residential development opportunities within the city, county, or city and county, including infill development and reuse of existing buildings within already developed areas. (4) A copy of the city’s, county’s, or city and county’s housing element, adopted in accordance with Article 10.6 (commencing with Section 65580) of Chapter 3. (5) A copy of the housing sustainability district ordinance adopted pursuant to Section 66201. (6) A copy of the environmental impact report prepared pursuant to Section 21155.10 of the Public Resources Code. (7) A copy of the city’s, county’s, or city and county’s design review standards, if any, developed pursuant to Section 66207. (8) Any other materials that establish the city’s, county’s, or city and county’s compliance with the requirements of Section 66201. (c) Following preliminary approval of an application pursuant to subdivision (a) and upon receipt of acknowledgment that the housing sustainability district ordinance has taken effect, the department shall confirm approval within 45 days of receipt of the application. (Added by Stats. 2017, Ch. 371, Sec. 2. (AB 73) Effective January 1, 2018. Conditionally inoperative as provided in Stats. 2017, Ch. 371, Sec. 4.)
66203.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. )
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The department must issue a certificate of compliance by October 1 each year if the local housing sustainability district meets the listed requirements. It may deny certification if those requirements are not met and may ask the local government for information needed to review the district.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. ) ## 66203. (a) On or before October 1 of each year following the approval of a city’s, county’s, or city and county’s housing sustainability district by the department under Section 66202, the department shall issue a certificate of compliance if it finds that the city, county, or city and county has satisfied all of the following requirements: (1) The city, county, or city and county has in effect a housing sustainability district ordinance adopted pursuant to Section 66201. (2) The housing sustainability district complies with the minimum requirements of subdivision (b) of Section 66201. (3) The city, county, or city and county has only denied a permit for a residential development consistent with its housing sustainability district ordinance, the provisions of its housing element, or the requirements of this chapter. (4) The design review standards, if any, adopted by the city, county, or city and county comply with the requirements of Section 66207. (b) If the department finds that a city, county, or city and county does not satisfy all of the requirements of subdivision (a), the department may deny certification of the housing sustainability district. A denial pursuant to this subdivision shall not affect the validity of the housing sustainability district ordinance or the application of the ordinance to a development or proposed development within the housing sustainability district. (c) The department may require a city, county, or city and county to provide any information it deems necessary to review that city’s, county’s, or city and county’s housing sustainability district as required by this section. (Added by Stats. 2017, Ch. 371, Sec. 2. (AB 73) Effective January 1, 2018. Conditionally inoperative as provided in Stats. 2017, Ch. 371, Sec. 4.)
66204.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. )
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Cities, counties, and city and counties with an approved housing sustainability district are entitled to a zoning incentive payment, and the department must pay it in two installments under specified conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. ) ## 66204. (a) (1) A city, county, or city and county with a housing sustainability district approved by the department under Section 66202 shall be entitled to a zoning incentive payment, upon appropriation of funds by the Legislature for that purpose. (2) The amount of payment provided to a city, county, or city and county pursuant to this section shall be based on the number of new residential units constructed within the housing sustainability district. Replacement units constructed in accordance with Section 66208 and any units constructed by a developer who elects to not be subject to the housing sustainability district ordinance pursuant to subdivision (f) of Section 66205 shall not be considered new residential units for purposes of this section. (b) The department shall issue the first half of the zoning incentive payment to the city, county, or city and county upon preliminary approval of the housing sustainability district ordinance and issuance of the environmental impact report pursuant to Section 21155.10 of the Public Resources Code. The department shall issue the second half of the zoning incentive payment within 10 days of submission of proof of issuance of building permits by the city, county, or city and county for the projected units of residential construction within the zone, provided that the city, county, or city and county has received a certificate of compliance for the applicable year pursuant to Section 66203. (Added by Stats. 2017, Ch. 371, Sec. 2. (AB 73) Effective January 1, 2018. Conditionally inoperative as provided in Stats. 2017, Ch. 371, Sec. 4.)
66205.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. )
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This section lets a city, county, or city and county set permit-application and fee rules for housing sustainability districts, and requires set timelines for comments, decisions, notice, and appeals.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. ) ## 66205. (a) (1) A city, county, or city and county may incorporate provisions in its housing sustainability district ordinance prescribing the contents of an application for a permit for residential development. (2) The city, county, or city and county may charge an application fee to persons seeking government approval of a project within the housing sustainability district. A fee charged pursuant to this paragraph shall be established to defray the costs of preparation, adoption, and administration of the housing sustainability district plan, including costs incurred related to the implementation of Chapter 4.3 (commencing with Section 21155.10) of Division 13 of the Public Resources Code. As nearly as can be estimated, the fee charged shall be a prorated amount in accordance with the applicant’s relative benefit derived from the housing sustainability district plan. (3) The housing sustainability district ordinance may provide for referral of an application for a permit to any officers, agencies, boards, or bureaus of the city, county, or city and county for review and comment. A reviewing officer, agency, board, or bureau shall provide any comments on an application within 60 days of receipt. (b) The applicable provisions of the city’s, county’s, or city and county’s general plan and housing sustainability district ordinance in effect at the time an application is submitted to the approving authority shall govern the application for the purposes of the following: (1) The processing and review of the application. (2) The pendency of any appeal of a decision of the approving authority. (3) If the application is approved, for three years following approval of the application. (c) (1) The applicant shall file an application for a permit with the official designated for this purpose in the housing sustainability district ordinance of the city, county, or city and county and with the approving authority. (2) The authority shall conduct a public hearing in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5) and issue a written decision on the application within 120 days of receipt of the application, unless extended by agreement between the approving authority and the applicant. The approving authority shall file a copy of its written decision with the official designated for this purpose in the housing sustainability district ordinance of the city, county, or city and county. (3) If the approving authority fails to act within 120 days, or within the period agreed upon by the approving authority and the applicant, as applicable, the application shall be deemed approved. In the event an application is deemed approved pursuant to this paragraph, the applicant shall provide notice to any interested parties and notify the official designated for this purpose in the housing sustainability district ordinance of the city, county, or city and county within 14 days of the application being deemed approved. The notice provided to interested parties shall specify that any appeals must be filed within 20 days following the official’s receipt of the notice. (4) The approving authority shall issue to the applicant a copy of its written decision, including the name and address of the owner of the property proposed to be developed, an identification of the property proposed to be developed, the development plans, and certification that a copy of the decision has been filed with the official designated for this purpose in the housing sustainability district ordinance of the city, county, or city and county. (d) (1) In reviewing an application for a permit pursuant to this section, the approving authority shall consider the requirements of the housing sustainability district ordinance and of this chapter, including the requirement that the applicant replace affordable housing units affected by the proposed development pursuant to Section 66208. (2) The approving authority may deny an application only for the following reasons: (A) The proposed development project does not fully comply with the housing sustainability district ordinance. (B) The applicant has not submitted all of the required information or paid an application fee required by the housing sustainability district ordinance and necessary for an adequate and timely design review or assessment of potential impacts on nearby property. (C) The approving authority determines, based upon substantial evidence in light of the whole record of the public hearing on the project, that a physical condition on the site of development that was not known and could not have been discovered with reasonable investigation at the time the application was submitted would have a specific adverse impact upon the public health or safety and that there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. As used in this subparagraph, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact based on identified objective written public health or safety standards, policies, or conditions, as in existence at the time the application is deemed complete. Nothing in this subparagraph is intended to affect thresholds of significance or standards of review for any impact reviewed pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (e) The official designated for this purpose in the housing sustainability district ordinance of the city, county, or city and county shall certify the following, as applicable, on a copy of the written decision of the approving authority: (1) No appeal has been filed, or has been dismissed or denied, within 20 days of the issuance of the decision of the approving authority. (2) The application is deemed approved by reason of the failure of the approving authority to issue a decision within 120 days of submission of the application. (f) A developer may choose to develop a project in a housing sustainability district in accordance with the already existing land use approval procedures that would otherwise apply to the parcel in the absence of the establishment of the housing sustainability district pursuant to this chapter, and in so doing shall not receive any of the incentives and benefits or be required to comply with any of the provisions specified in the housing sustainability district ordinance or this chapter. (Added by Stats. 2017, Ch. 371, Sec. 2. (AB 73) Effective January 1, 2018. Conditionally inoperative as provided in Stats. 2017, Ch. 371, Sec. 4.)
66206.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. )
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An applicant may appeal a permit denial or conditional approval in superior court, but must file and serve the appeal within strict deadlines and provide notice and an affidavit.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. ) ## 66206. (a) If the approving authority denies an application for a permit submitted in accordance with Section 66205 or has approved it with conditions rendering the project infeasible for residential use, the applicant may appeal that decision by filing a complaint in the superior court. (b) An appeal pursuant to this section shall be filed within 20 days after the approving authority has filed its decision to deny or conditionally approve the application with the official designated for this purpose in the housing sustainability district ordinance of the city, county, or city and county. The applicant shall provide notice of the appeal and a copy of the complaint to that official. The applicant shall, within 14 days of filing the complaint, serve written notice and provide a copy of the complaint to all defendants by certified mail. The court shall dismiss the complaint if the applicant does not, within 21 days of filing the complaint, file an affidavit with the clerk of the court certifying that the notices required by this subdivision have been provided. (c) The complaint shall allege the specific reasons why the approving authority’s decision does not satisfy the requirements of the housing sustainability district ordinance, the provisions of this chapter, or other applicable law. The complaint shall name the approving authority as a defendant. (d) The approving authority shall have the burden of proving that its decision satisfies the requirements of the housing sustainability district ordinance, the provisions of this chapter, or other applicable law based on substantial evidence in light of the whole record. (Added by Stats. 2017, Ch. 371, Sec. 2. (AB 73) Effective January 1, 2018. Conditionally inoperative as provided in Stats. 2017, Ch. 371, Sec. 4.)
66207.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. )
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Cities, counties, and city and counties may adopt design review standards for housing sustainability districts, but those standards must follow department regulations and be submitted with the district application.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. ) ## 66207. (a) A city, county, or city and county may, in accordance with the regulations adopted by the department, adopt design review standards applicable to development projects within the housing sustainability district to ensure that the physical character of development within the district is complementary to adjacent buildings and structures and is consistent with the city’s, county’s, or city and county’s general plan, including the housing element. For purposes of this section, “design review standard” means the reasonable application of qualitative design requirements that are clear and concise and consistently applied to all types of development applications, with specific terms defined or generally accepted word definitions. Design review of a development within a housing sustainability district shall not constitute a “project” for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (b) Design review standards adopted pursuant to this section shall be adopted at the same time as the housing sustainability district ordinance and submitted to the department with the city’s, county’s, or city and county’s application pursuant to Section 66202. Any subsequent additional design review standards or amendment of existing design review standards shall be subject to written approval by the department in the same manner as specified in subdivision (e) of Section 66201, relating to the amendment or repeal of a housing sustainability district ordinance. (Added by Stats. 2017, Ch. 371, Sec. 2. (AB 73) Effective January 1, 2018. Conditionally inoperative as provided in Stats. 2017, Ch. 371, Sec. 4.)
66208.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. )
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If a housing development in a housing sustainability district includes affordable housing parcels, the approving authority must make approval contingent on replacing those units.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. ) ## 66208. (a) If a proposed development within a housing sustainability district includes any parcels being used for affordable housing at the time the application is submitted to the approving authority, the approving authority shall condition its approval of the application on the applicant’s agreement to replace those affordable housing units. (b) For the purposes of this section, the following definitions shall apply: (1) “Affordable housing” shall mean a parcel of property that meets any of the following criteria: (A) The parcel includes rental dwelling units that are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income. (B) The parcel is subject to rent or price control through a public entity’s valid exercise of its police power. (C) The parcel includes a housing development that is currently occupied by low- or very low income households. (2) “Replace” shall mean either of the following, as applicable: (A) If any affordable housing units described in subdivision (a) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. For unoccupied affordable housing units described in subdivision (a) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. The replacement units shall be subject to a recorded affordability restriction for at least 55 years. (B) If all affordable housing units described in subdivision (a) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size, as existed at the high point of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the high point is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. The replacement units shall be subject to a recorded affordability restriction for at least 55 years. (C) Notwithstanding subparagraph (B), for any dwelling unit described in subparagraph (A) that is or was, within the five-year period preceding the application, subject to a form of rent or price control through a local government’s valid exercise of its police power and that is or was occupied by persons or families above lower income, the city, county, or city and county may do either of the following: (i) Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii) Require that the units be replaced in compliance with the jurisdiction’s rent or price control ordinance, provided that each unit described in subparagraph (A) is replaced. Unless otherwise required by the jurisdiction’s rent or price control ordinance, these units shall not be subject to a recorded affordability restriction. (D) For purposes of this paragraph, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced. (Added by Stats. 2017, Ch. 371, Sec. 2. (AB 73) Effective January 1, 2018. Conditionally inoperative as provided in Stats. 2017, Ch. 371, Sec. 4.)
66209.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. )
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The department runs this chapter, reviews the housing sustainability district program each year, can require data from participating cities and counties, and must publish a report by November 1, 2018 and every November 1 after that.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. ) ## 66209. (a) The department shall be responsible for the administration of this chapter. The department may review, adopt, amend, and repeal standards, forms, or definitions to implement this chapter. Any standards, forms, or definitions adopted to implement this chapter shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (b) (1) The department shall conduct, or cause to be conducted, an annual review of the housing sustainability district program. The department may require participating cities and counties to provide data on housing sustainability districts within their jurisdiction as necessary to conduct this review and prepare the report required by this subdivision. (2) The department shall publish a report on its Internet Web site no later than November 1, 2018, and each November 1 thereafter. The report shall include all of the following: (A) The status of the program through the fiscal year prior to the publication of the report. (B) An identification and description of cities and counties seeking preliminary determination from the department. (C) An identification of approved housing sustainability districts and the incentive payments awarded for each pursuant to Section 66204. (D) A summary of the land area within both proposed and approved housing sustainability districts and the purposes for which it is zoned. (E) The number of projects under review by an approving authority, proposed residential units, building permits issued, and completed housing units as of the date of the report’s publication. (F) An estimate, for the current and immediately succeeding fiscal year, of the number and size of proposed new districts, potential number of residential units allowed in new districts, and anticipated construction activity. (Added by Stats. 2017, Ch. 371, Sec. 2. (AB 73) Effective January 1, 2018. Conditionally inoperative as provided in Stats. 2017, Ch. 371, Sec. 4.)
66210.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. )
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If a city, county, or city and county reduces required site density in the district, it must return the full zoning incentive payments it received to the department.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 11. Housing Sustainability Districts [66200 - 66210] ( Chapter 11 added by Stats. 2017, Ch. 371, Sec. 2. ) ## 66210. If a city, county, or city and county reduces the density of sites within the district from the levels required pursuant to paragraph (3) of subdivision (b) of Section 66201, the city, county, or city and county shall return the full amount of zoning incentive payments it has received under this chapter to the department. Amounts repaid pursuant to this section shall be used for further incentive payments. (Added by Stats. 2017, Ch. 371, Sec. 2. (AB 73) Effective January 1, 2018. Conditionally inoperative as provided in Stats. 2017, Ch. 371, Sec. 4.)
66300.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 12. Housing Crisis Act of 2019 [66300 - 66300.6.5] ( Chapter 12 added by Stats. 2019, Ch. 654, Sec. 13. ) ## ARTICLE 1. Housing Crisis Act of 2019 [66300- 66300.] ( Article 1 heading added by Stats. 2023, Ch. 754, Sec. 4. )
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This section limits affected cities and counties from adopting or enforcing certain housing-related land use restrictions, while allowing narrow exceptions and some specific local actions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 12. Housing Crisis Act of 2019 [66300 - 66300.6.5] ( Chapter 12 added by Stats. 2019, Ch. 654, Sec. 13. ) ## ARTICLE 1. Housing Crisis Act of 2019 [66300- 66300.] ( Article 1 heading added by Stats. 2023, Ch. 754, Sec. 4. ) ## 66300. (a) As used in this article, the following definitions shall apply: (1) (A) Except as otherwise provided in subparagraph (B), “affected city” means a city, including a charter city, that the Department of Housing and Community Development determines, pursuant to subdivision (d), is in an urbanized area or urban cluster, as designated by the United States Census Bureau. (B) Notwithstanding subparagraph (A), “affected city” does not include any city that has a population of 5,000 or less and is not located within an urbanized area, as designated by the United States Census Bureau. (2) “Affected county” means a census-designated place, based on the 2013-2017 American Community Survey 5-year Estimates, that is wholly located within the boundaries of an urbanized area, as designated by the United States Census Bureau. (3) Notwithstanding any other law, “affected county” and “affected city” includes the electorate of an affected county or city exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the affected county or city. (4) “Department” means the Department of Housing and Community Development. (5) “Development policy, standard, or condition” means any of the following: (A) A provision of, or amendment to, a general plan. (B) A provision of, or amendment to, a specific plan. (C) A provision of, or amendment to, a zoning ordinance. (D) A subdivision standard or criterion. (6) “Housing development project” has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5. (7) “Objective design standard” means a design standard that involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application. (b) (1) Notwithstanding any other law except as provided in subdivision (h), with respect to land where housing is an allowable use, an affected county or an affected city shall not enact a development policy, standard, or condition that would have any of the following effects: (A) Changing the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district in effect at the time of the proposed change, below what was allowed under the land use designation or zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018, except as otherwise provided in clause (ii) of subparagraph (B) or subdivision (h). For purposes of this subparagraph, “reducing the intensity of land use” includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or any other action that would individually or cumulatively reduce the site’s residential development capacity. (B) (i) Imposing a moratorium or similar restriction or limitation on housing development, including mixed-use development, within all or a portion of the jurisdiction of the affected county or city, other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area subject to the moratorium or for projects specifically identified as existing restricted affordable housing. (ii) The affected county or affected city, as applicable, shall not enforce a zoning ordinance imposing a moratorium or other similar restriction on or limitation of housing development until it has submitted the ordinance to, and received approval from, the department. The department shall approve a zoning ordinance submitted to it pursuant to this subparagraph only if it determines that the zoning ordinance satisfies the requirements of this subparagraph. If the department denies approval of a zoning ordinance imposing a moratorium or similar restriction or limitation on housing development as inconsistent with this subparagraph, that ordinance shall be deemed void. (C) Imposing or enforcing design standards established on or after January 1, 2020, that are not objective design standards. (D) Except as provided in subparagraph (E), establishing or implementing any provision that: (i) Limits the number of land use approvals or permits necessary for the approval and construction of housing that will be issued or allocated within all or a portion of the affected county or affected city, as applicable. (ii) Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other time period. (iii) Limits the population of the affected county or affected city, as applicable. (E) Notwithstanding subparagraph (D), an affected county or affected city may enforce a limit on the number of approvals or permits or a cap on the number of housing units that can be approved or constructed if the provision of law imposing the limit was approved by voters prior to January 1, 2005, and the affected county or affected city is located in a predominantly agricultural county. For the purposes of this subparagraph, “predominantly agricultural county” means a county that meets both of the following, as determined by the most recent California Farmland Conversion Report produced by the Department of Conservation: (i) Has more than 550,000 acres of agricultural land. (ii) At least one-half of the county area is agricultural land. (2) Any development policy, standard, or condition enacted on or after the effective date of this section that does not comply with this section shall be deemed void. (c) Notwithstanding subdivisions (b) and (e), an affected county or affected city may enact a development policy, standard, or condition to prohibit the commercial use of land that is designated for residential use, including, but not limited to, short-term occupancy of a residence, consistent with the authority conferred on the county or city by other law. (d) The Department of Housing and Community Development shall determine those cities and counties in this state that are affected cities and affected counties, in accordance with subdivision (a) by June 30, 2020. The department may update the list of affected cities and affected counties once on or after January 1, 2021, and once on or after January 1, 2025, to account for changes in urbanized areas or urban clusters due to new data obtained from the 2020 census. The department’s determination shall remain valid until January 1, 2030. (e) (1) Except as provided in paragraphs (3) and (4) and subdivisions (g) and (h), this section shall prevail over any conflicting provision of this title or other law regulating housing development in this state to the extent that this section more fully advances the intent specified in paragraph (2). (2) It is the intent of the Legislature that this section be broadly construed so as to maximize the development of housing within this state. Any exception to the requirements of this section, including an exception for the health and safety of occupants of a housing development project, shall be construed narrowly. (3) This section shall not be construed as prohibiting the adoption or amendment of a development policy, standard, or condition in a manner that: (A) Allows greater density. (B) Facilitates the development of housing. (C) Reduces the costs to a housing development project. (D) Imposes or implements mitigation measures as necessary to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (4) This section shall not apply to a housing development project located within a very high fire hazard severity zone. For purposes of this paragraph, “very high fire hazard severity zone” has the same meaning as provided in Section 51177. (f) This section shall not be construed to void a height limit, urban growth boundary, or urban limit established by the electorate of an affected county or an affected city, provided that the height limit, urban growth boundary, or urban limit complies with subparagraph (A) of paragraph (1) of subdivision (b). (g) (1) Nothing in this section supersedes, limits, or otherwise modifies the requirements of, or the standards of review pursuant to, Division 13 (commencing with Section 21000) of the Public Resources Code. (2) Nothing in this section supersedes, limits, or otherwise modifies the requirements of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). For a housing development project proposed within the coastal zone, nothing in this section shall be construed to prohibit an affected county or an affected city from enacting a development policy, standard, or condition necessary to implement or amend a certified local coastal program consistent with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). (h) (1) This section does not prohibit an affected county or an affected city, including the local electorate acting through the initiative process, from changing a land use designation or zoning ordinance to a less intensive use, or reducing the intensity of land use, if the city or county concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity. (2) (A) For purposes of this subdivision, “concurrently” means the action is approved at the same meeting of the legislative body. (B) Notwithstanding subparagraph (A), if the action that would result in a net loss of residential capacity is requested by an applicant for a housing development project, “concurrently” means within 180 days. (C) Notwithstanding subparagraph (A), in the case of an initiative measure, “concurrently” means the action is included in the initiative in a manner that ensures the added residential capacity is effective at the same time as the reduction in residential capacity. (3) (A) (i) The City of San Jose may proactively change a zoning ordinance to a more intensive use and subsequently use the additional capacity to change a zoning ordinance applicable to an eligible parcel to a less intensive use as long as there is no net loss in residential capacity. (ii) A change to a zoning ordinance to a less intensive use under this paragraph shall occur within one year of the change to the zoning ordinance to a more intensive use. (iii) For purposes of this paragraph, “eligible parcel” means a parcel that meets all of the following criteria: (I) It is zoned for residential uses. (II) It does not have a multifamily housing general plan designation. (III) Its zoning is inconsistent with the general plan of the city in effect on January 1, 2018. (B) A change to a zoning ordinance to a less intensive use under this paragraph shall not be effective until the City of San Jose establishes zoning districts that implement mixed-use neighborhood, urban residential, transit residential, and urban village general plan land use designations. (C) The City of San Jose shall report each zoning ordinance amendment establishing a less intensive use pursuant to this paragraph in the following ways: (i) In its annual report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400 and submit the annual report to the relevant policy committees of the Legislature each year that the City of San Jose adopts a zoning ordinance amendment pursuant to this paragraph. (ii) Electronically on an internet website accessible to the public by the time the zoning ordinance amendment is in effect. (D) This paragraph shall become inoperative upon the date that the City of San Jose’s housing element update for the sixth cycle is due pursuant to Section 65588. (4) This section does not prohibit an affected county or an affected city from changing a land use designation or zoning ordinance to a less intensive use on a site that is a mobilehome park, as defined in Section 18214 of the Health and Safety Code, as of the effective date of this section, and the no net loss requirement in paragraph (1) shall not apply. (i) Notwithstanding subdivisions (b) and (e), this section does not prohibit an affected city or an affected county from enacting a development policy, standard, or condition that is intended to preserve or facilitate the production of housing for lower income households, as defined in Section 50079.5 of the Health and Safety Code, or housing types that traditionally serve lower income households, including mobilehome parks, single-room occupancy units, or units subject to any form of rent or price control through a public entity’s valid exercise of its police power. (j) The amendments to subparagraph (A) of paragraph (1) of subdivision (b), and to paragraph (1) of subdivision (h) made by the act adding this subdivision do not constitute a change in, but are declaratory of, existing law. (Amended by Stats. 2023, Ch. 754, Sec. 5. (AB 1218) Effective January 1, 2024.)
66300.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 12. Housing Crisis Act of 2019 [66300 - 66300.6.5] ( Chapter 12 added by Stats. 2019, Ch. 654, Sec. 13. ) ## ARTICLE 2. Demolition of Housing Units [66300.5 - 66300.6.5] ( Article 2 added by Stats. 2023, Ch. 754, Sec. 6. )
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This section defines key terms used in the article, including affected city, affected county, protected units, equivalent size, and replace.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 12. Housing Crisis Act of 2019 [66300 - 66300.6.5] ( Chapter 12 added by Stats. 2019, Ch. 654, Sec. 13. ) ## ARTICLE 2. Demolition of Housing Units [66300.5 - 66300.6.5] ( Article 2 added by Stats. 2023, Ch. 754, Sec. 6. ) ## 66300.5. For purposes of this article: (a) (1) (A) Except as otherwise provided in subparagraph (B), “affected city” means a city, including a charter city, that the Department of Housing and Community Development determines, pursuant to subdivision (d), is in an urbanized area or urban cluster, as designated by the United States Census Bureau. (B) Notwithstanding subparagraph (A), “affected city” does not include any city that has a population of 5,000 or less and is not located within an urbanized area, as designated by the United States Census Bureau. (2) “Affected county” means a census-designated place, based on the 2013-2017 American Community Survey 5-year Estimates, that is wholly located within the boundaries of an urbanized area, as designated by the United States Census Bureau. (3) Notwithstanding any other law, “affected county” and “affected city” includes the electorate of an affected county or city exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the affected county or city. (b) “Affordable housing cost” has the same meaning as defined in Section 50052.5 of the Health and Safety Code. (c) “Affordable rent” has the same meaning as defined in Section 50053 of the Health and Safety Code. (d) “Equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced. (e) “Housing development project” has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5. (f) “Persons and families of low or moderate income” has the same meaning as defined in Section 50093 of the Health and Safety Code. (g) “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. (h) “Protected units” means any of the following: (1) Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years. (2) Residential dwelling units that are or were subject to any form of rent or price control through a public entity’s valid exercise of its police power within the past five years. (3) Residential dwelling units that are or were rented by lower or very low income households within the past five years. (4) Residential dwelling units that were withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 within the past 10 years. (i) (1) “Replace” shall have the same meaning as provided in subparagraphs (B) and (C) of paragraph (3) of subdivision (c) of Section 65915. (2) Notwithstanding paragraph (1), for purposes of a development project that consists of a single residential unit on a site with a single protected unit, “replace” shall mean that the protected unit is replaced with a unit of any size at any income level. (j) “Very low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code. (Added by Stats. 2023, Ch. 754, Sec. 6. (AB 1218) Effective January 1, 2024.)
66300.6.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 12. Housing Crisis Act of 2019 [66300 - 66300.6.5] ( Chapter 12 added by Stats. 2019, Ch. 654, Sec. 13. ) ## ARTICLE 2. Demolition of Housing Units [66300.5 - 66300.6.5] ( Article 2 added by Stats. 2023, Ch. 754, Sec. 6. )
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Cities and counties covered by this section generally may not approve demolition projects unless replacement housing and occupant protections are provided.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 12. Housing Crisis Act of 2019 [66300 - 66300.6.5] ( Chapter 12 added by Stats. 2019, Ch. 654, Sec. 13. ) ## ARTICLE 2. Demolition of Housing Units [66300.5 - 66300.6.5] ( Article 2 added by Stats. 2023, Ch. 754, Sec. 6. ) ## 66300.6. (a) Notwithstanding any other law and notwithstanding local density requirements, and except as provided in Section 66300.6.5, an affected city or an affected county shall not approve a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished. (b) Notwithstanding any other law and notwithstanding local density requirements, and except as provided in Section 66300.6.5, an affected city or an affected county shall not approve a development project that will require the demolition of occupied or vacant protected units, or that is located on a site where protected units were demolished in the previous five years, unless all of the following requirements are satisfied: (1) (A) The project will replace all existing protected units and protected units demolished on or after January 1, 2020. (B) Any protected units replaced pursuant to this paragraph shall be considered in determining whether the housing development project satisfies the requirements of Section 65915 or a locally adopted requirement that requires, as a condition of the development of residential rental units, that the project provide a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, extremely low income, or acutely low income households, as specified in Sections 50063.5, 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, as applicable. (C) This paragraph shall not apply to a project that meets all of the following conditions: (i) The project is an industrial use. (ii) The project site is entirely within a zone that does not allow residential uses. (iii) The zoning applicable to the project site that does not allow residential uses was adopted prior to January 1, 2022. (iv) The protected units that are or were on the project site are or were nonconforming uses. (2) (A) If the project is a housing development project, it will include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last five years. (B) If the project is not a housing development project, the proponent will ensure that any required replacement housing is developed prior to or concurrently with the development project. The required replacement housing may be located on a site other than the project site but shall be located within the same jurisdiction. The project proponent may contract with another entity to develop the required replacement housing. (3) (A) Any existing occupants will be allowed to occupy their units until six months before the start of construction activities. The project proponent shall provide existing occupants with written notice of the planned demolition, the date they must vacate, and their rights under this section. Notice shall be provided at least six months in advance of the date that existing occupants must vacate. (B) Any existing occupants that are required to leave their units shall be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market. (4) The developer agrees to provide both of the following to the existing occupants of any protected units that are lower income households: (A) Relocation benefits that are equivalent to the relocation benefits required to be paid by public entities pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 and any implementing regulations. (B) A right of first refusal for a comparable unit available in the new housing development, or in any required replacement units associated with a new development that is not a housing development, affordable to the household at an affordable rent or an affordable housing cost. This subparagraph shall not apply to any of the following: (i) A development project that consists of a single residential unit located on a site where a single protected unit is being demolished. (ii) (I) Units in a housing development in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for lower income households. (II) Notwithstanding subclause (I), this subparagraph shall apply to protected units occupied by an occupant who qualifies for residence in the new development and for whom providing a comparable unit would not be precluded due to unit size limitations or other requirements of one or more funding source of the housing development. (iii) A project that meets the requirements of subparagraph (C) of paragraph (1). (C) (i) For purposes of complying with subparagraph (B), if one or more single-family homes that qualify as protected units are being replaced in a development project that consists of two or more units, “comparable unit” means either of the following, as applicable: (I) A unit containing the same number of bedrooms if the single-family home contains three or fewer bedrooms. (II) A unit containing three bedrooms if the single-family home contains four or more bedrooms. (ii) For purposes of this subparagraph, a comparable unit is not required to have the same or similar square footage or the same number of total rooms. (D) This subparagraph does not apply to an occupant of a short-term rental that is rented for a period of fewer than 30 days. (5) This subdivision does not confer additional legal protections upon an unlawful occupant of a protected unit. (c) This section shall not supersede any objective provision of a locally adopted ordinance that places restrictions on the demolition of residential dwelling units or the subdivision of residential rental units that are more protective of lower income households, requires the provision of a greater number of units affordable to lower income households, or that requires greater relocation assistance to displaced households. (d) This section shall not apply to a housing development project for which an application was submitted after January 1, 2019, but prior to January 1, 2020, in a jurisdiction with a population of under 31,000 as of the 2020 United States Census that has a rent or price control ordinance. (Amended by Stats. 2025, Ch. 511, Sec. 2. (SB 21) Effective January 1, 2026.)
66300.6.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 12. Housing Crisis Act of 2019 [66300 - 66300.6.5] ( Chapter 12 added by Stats. 2019, Ch. 654, Sec. 13. ) ## ARTICLE 2. Demolition of Housing Units [66300.5 - 66300.6.5] ( Article 2 added by Stats. 2023, Ch. 754, Sec. 6. )
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This section sets rules for reducing and replacing single-room occupancy units when they are demolished, rehabilitated, or converted, including replacement housing plan approval, occupant return rights, rent limits, affordability covenants, and timing requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 12. Housing Crisis Act of 2019 [66300 - 66300.6.5] ( Chapter 12 added by Stats. 2019, Ch. 654, Sec. 13. ) ## ARTICLE 2. Demolition of Housing Units [66300.5 - 66300.6.5] ( Article 2 added by Stats. 2023, Ch. 754, Sec. 6. ) ## 66300.6.5. (a) For the purposes of this section, the following definitions apply: (1) “Complete private bathroom” means a bathroom that consists of a toilet and a shower, with a vanity sink that may or may not be in the same room. (2) (A) “Kitchen” means a section of a dwelling that includes a stove, sink, and refrigerator. (B) The sink described in subparagraph (A) shall be separate from the bathroom. (3) “Single-room occupancy unit” means a dwelling unit that does not include a complete private bathroom and kitchen. (4) “Studio unit” means a dwelling unit that does not include a separate bedroom, but includes a complete private bathroom and a private kitchen. (b) Notwithstanding paragraphs (1) and (2) of subdivision (b) of Section 66300.6, in the case of rehabilitation or replacement of an existing single-room occupancy building where units are deed restricted at affordable rents to low-income households, do not have separate bedrooms, and do not include both a complete private bath and a kitchen, an affected city or an affected county, as applicable, may reduce the number of required replacement units if it finds, based on substantial evidence in the record, that all of the following conditions are met: (1) The reduction is necessary to accommodate the conversion of a single-room occupancy unit to a studio or larger unit, to accommodate the addition of facilities, including, but not limited to, private bathrooms, kitchens, or community rooms, to increase accessibility for persons with disabilities, or to address code compliance for matters related to health, welfare, life, and safety. (2) The conversion of the single-room occupancy unit will be completed within four years from the date of rehabilitation or demolition of the single-room occupancy unit. If the completion of improvements will take longer than four years, the project proponent may present to the jurisdiction an explanation for the delay and a good faith plan demonstrating how occupancy will be achieved at the earliest possible date. If the delay is due to circumstances outside the project proponent’s control, the jurisdiction may, at its discretion, and using objective criteria, grant a one-year extension for project completion. (3) The converted single-room occupancy unit will be a rental unit with affordable rents or lower than at the applicable affordable rent level of the replaced single-room occupancy unit, provided the affordable rent level would not be precluded due to limitations or other requirements of one or more funding source of the housing development. (4) The converted single-room occupancy unit will only be available to households with a household income at or below the income levels for lower income, very low income, extremely low income, or acutely low income households, as specified in Sections 50063.5, 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, as applicable. (5) A converted unit will remain available at the applicable affordable rent level of the replaced single-room occupancy unit for the longest feasible amount of time, but not less than 55 years. A covenant of affordability shall be recorded with the county recorder prior to the issuance of the certificate of occupancy or completion of work as approved by the local agency. (6) (A) A displaced single-room occupancy unit occupant shall have a right of first refusal for admission to a replacement unit, provided the single-room occupancy unit occupant would not be precluded due to unit size limitations or other requirements of one or more funding source of the housing development. (B) If an occupant is precluded from occupying a replacement unit due to a requirement of a funding source of the housing development, as described in subparagraph (A), the project proponent shall identify in writing the specific funding source and requirement that precludes the occupant’s return. If a displaced single-room occupancy occupant is deemed ineligible for the replacement unit due to this requirement, the project proponent shall offer an alternative, comparable unit within their portfolio to the displaced occupant. (C) The initial rent for a returning single-room occupancy unit occupant shall not exceed the rent at the time of displacement by more than 5 percent. Notwithstanding the preceding sentence, if the displaced occupant was paying 40 percent or more of their household income in rent at the time of displacement, the initial rent for that occupant shall not exceed the rent paid at the time of displacement. (D) Subsequent rent increases shall be consistent with any other applicable law, contract, agreement, or other restrictions governing allowable rent increases, except that subsequent rent increases and maximum rents shall be subject to the following additional limitations: (i) The amount of any subsequent rent increase for a replacement unit subject to this subparagraph shall not exceed the minimum amount necessary to ensure a positive cashflow for at least 20 years from the date the displaced single-room occupancy unit occupant begins residing in the replacement unit. (ii) The amount of rent as subsequently increased in accordance with this subparagraph shall not exceed 50 percent of the displaced single-room occupancy unit occupant’s actual household income, determined as of the date the displaced single-room occupancy unit occupant begins residing in the replacement unit. (iii) (I) Subject to subclause (II), if the amount of rent charged for a replacement unit subject to this paragraph equals or exceeds the lesser of the following amounts, further annual rent increases for that replacement unit shall be limited based on increases to the area median income under the low-income housing tax credit program, as administered by the California Tax Credit Allocation Committee: (ia) Fifty percent of the displaced single-room occupancy unit occupant’s actual household income, as describe in clause (ii). (ib) The amount of rent charged for the single-room occupancy unit at the time of the occupant’s displacement. (II) Notwithstanding subclause (I), no annual rent increase for a replacement unit shall result in the occupant paying more than 50 percent of their actual household income in rent, as provided in clause (ii). (iv) Nothing in this subparagraph shall preclude an owner, in consultation with the applicable regulating agency, from charging less than the maximum allowable rent. Nothing in this subparagraph shall require a reduction of rent below the amount charged for the single-room occupancy unit at the time of the occupant’s displacement. (7) The net loss of single-room occupancy units due to a rehabilitation or replacement in accordance with this section will not exceed 25 percent of the total single-room occupancy units in the development. Notwithstanding the preceding sentence, a project proponent may further reduce the number of units provided at the replacement project site if those additional units are replaced on a one-for-one basis, by either the project proponent or its designee. The offsite replacement housing shall meet all of the following conditions: (A) The units shall be rental units with affordable rents at the applicable affordable rent level of the replaced single-room occupancy unit. (B) The units shall be available to households with a household income at or below the income levels for lower income, very low income, extremely low income, or acutely low income, as specified in Sections 50063.5, 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, as applicable. (C) The units shall remain available at the applicable affordable rent level of the replaced single-room occupancy unit for the longest feasible time, but not less than 55 years. The covenant of affordability shall be recorded with the county recorder prior to the issuance of the certificate of occupancy. (D) (i) Except as otherwise provided in clause (ii), the replacement units shall be located within the applicable of the following: (I) If there is an applicable local community plan area, within the same local community plan area as the converted single-room occupancy units. (II) If there is no applicable community plan area, and the converted single-room occupancy units are located within a redevelopment project area, as described in Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, within the same redevelopment project area as the converted single-occupancy units. (III) If there is no applicable community plan area, and the converted single-room occupancy units are not located within a redevelopment project area, as described in Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, within the same jurisdiction as the converted single-room occupancy units. (ii) In lieu of locating replacement units within the same local community plan area, redevelopment project area, or jurisdiction as the converted single-room occupancy units, as described in clause (i), the replacement units may be located within a census tract or census block group, as applicable, that is designated as highest resource or high resource on the opportunity area maps developed by the California Tax Credit Allocation Committee and Department of Housing and Community Development and located within the same jurisdiction. (E) Replacement units shall not be existing rental units occupied by a low-income household. (F) All replacement units shall be made available for occupancy as soon as possible, but no more than four years from the date of rehabilitation or demolition of the single-room occupancy unit, whichever is earlier. If the project takes longer than four years due to extenuating circumstances, the project proponent may present to the jurisdiction a good faith plan demonstrating that occupancy would have been achieved within four years. If the delay is due to circumstances outside the project proponent’s control, the jurisdiction may, at its discretion and using objective criteria, grant a one-year extension for project completion. (8) (A) Prior to the issuance of a permit for demolition, rehabilitation, or conversion of the single-room occupancy unit, the project proponent shall submit a replacement housing plan to the jurisdiction that includes all of the following: (i) A description of the proposed conversion, demolition, or rehabilitation, including the substantial evidence required to show that reduction is necessary to accommodate the conversion of a single-room occupancy unit to a studio or larger unit, to accommodate the addition of facilities, including, but not limited to, private bathrooms, kitchens, or community rooms, to increase accessibility for persons with disabilities, or to address code compliance for matters related to health, welfare, life, and safety; the total number of units proposed and all related amenities; the total number of existing units; and the bedroom composition of the existing units. (ii) A report on the current rental rates for each single-room occupancy unit, the number of vacancies and length of vacancies in the single-room occupancy building, and the length of residency of each occupied unit. (iii) A statement as to whether any occupants will be displaced as a result of the proposed project. (iv) A statement, with supporting documentation, as to when and why the unit was vacated. (v) A plan for the replacement of the occupied and vacant single-room occupancy units, including, but not limited to, the following: (I) The number of existing units. (II) The bedroom composition. (III) Whether the property is vacant or occupied. (IV) The existing rent levels. (V) Whether affordable covenants exist on that property, and, if so, the nature and duration of those covenants. (vi) The time and manner that the replacement units will become available for occupancy. (vii) If the removed units exceed 25 percent of the single-room occupancy units, the proposed location of replacement single-room occupancy units, with a description of the proposed property, including the location and previous use of the property. (B) The jurisdiction shall review the replacement housing plan within 30 days of submission or resubmission. (C) The jurisdiction shall not issue a permit for demolition, rehabilitation, or conversion of the single-room occupancy without first approving the replacement housing plan. (9) A single-room occupancy removal shall be subject to the required relocation benefits and requirements, including the relocation plan, under Chapter 16 (commencing with Section 7260) of Division 7 of Title 1, the local jurisdiction’s relocation benefits, or any other relocation benefits to which a displaced person is entitled, whichever is greatest, and shall be provided to all displaced persons, as defined in Section 7260. If any units are vacant, the owner shall provide documentation demonstrating when and why the unit was vacated. If a jurisdiction reasonably determines that a unit was vacated due to the owner’s attempt to avoid relocation assistance obligations, the owner shall be required to pay relocations assistance to a displaced occupant and offer a right of return to the new unit. (c) A borrower may conduct a market study to support the unit sizes proposed in the replacement housing plan. If a market study is required by a regulating agency, it shall be conducted at the borrower’s expense and must conform to the market study guidelines adopted by the California Tax Credit Allocation Committee, including those for acquisition or rehabilitation projects pursuant to paragraph (10) of subdivision (h) of Section 10322 of Title 4 of the California Code of Regulations. (Added by Stats. 2025, Ch. 511, Sec. 3. (SB 21) Effective January 1, 2026.)
66310.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. )
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This section states legislative findings that accessory dwelling units are an important housing type in California.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66310. The Legislature finds and declares all of the following: (a) Accessory dwelling units are a valuable form of housing in California. (b) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. (c) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security. (d) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California. (e) California faces a severe housing crisis. (f) The state is falling far short of meeting current and future housing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners. (g) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (h) Accessory dwelling units are, therefore, an essential component of California’s housing supply. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66311.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. )
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The Legislature says local accessory dwelling unit ordinances should support the creation of accessory dwelling units and junior accessory dwelling units.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66311. It is the intent of the Legislature that an accessory dwelling unit or a junior accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units or a junior accessory dwelling unit and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units or junior accessory dwelling units in zones in which they are authorized by local ordinance. (Amended by Stats. 2025, Ch. 520, Sec. 1. (SB 543) Effective January 1, 2026.)
66311.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. )
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This section limits how local agencies, special districts, and water corporations may charge fees or require utility connections for accessory dwelling units and junior accessory dwelling units.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66311.5. (a) Fees charged for the construction of accessory dwelling units or junior accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (b) An accessory dwelling unit or junior accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the unit was constructed with a new single-family dwelling. (c) (1) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit that has 750 square feet of interior livable space or less or a junior accessory dwelling unit that has 500 square feet of interior livable space or less. Any impact fees charged for an accessory dwelling unit that has more than 750 square feet of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling unit. (2) For purposes of this subdivision, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (3) For the purposes of this section and Section 17620 of the Education Code, an accessory dwelling unit or junior accessory dwelling unit that contains less than 500 square feet of interior livable space shall, for the purpose of subparagraph (C) of paragraph (1) of subdivision (a) of Section 17620 of the Education Code, be considered other residential construction that does not increase assessable space by 500 square feet. (d) For an accessory dwelling unit or a junior accessory dwelling unit described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the unit and the utility or impose a related connection fee or capacity charge, unless the unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342. (e) For an accessory dwelling unit that is not described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (Added by renumbering Section 66324 by Stats. 2025, Ch. 520, Sec. 7. (SB 543) Effective January 1, 2026.)
66311.7.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. )
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Local agencies generally may not deny permits for certain pre-2020 unpermitted accessory dwelling units or junior accessory dwelling units because of specified code violations, but there is a limited denial exception tied to health-and-safety compliance.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66311.7. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit or an unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following: (1) The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit or junior accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code. (c) This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. (d) A local agency shall inform the public about the provisions of this section through public information resources, including permit checklists and the local agency’s internet website, which shall include both of the following: (1) A checklist of the conditions specified in Section 17920.3 of the Health and Safety Code that would deem a building substandard. (2) Informing homeowners that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit. (e) A homeowner applying for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66311.5. (f) Subject to subdivision (c), upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards. (Added by renumbering Section 66332 by Stats. 2025, Ch. 520, Sec. 9. (SB 543) Effective January 1, 2026.)
66312.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. )
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This chapter also applies to charter cities, despite Section 65803.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66312. Notwithstanding Section 65803, this chapter shall also apply to a charter city. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66313.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. )
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This section defines terms used in the accessory dwelling unit chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66313. For purposes of this chapter: (a) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (1) An efficiency unit. (2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (b) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (c) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (d) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet of interior livable space in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (e) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (f) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (g) “Local agency” means a city, county, or city and county, whether general law or chartered. (h) “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards. (i) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (j) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (k) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (l) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (m) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (n) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (Amended by Stats. 2025, Ch. 520, Sec. 2. (SB 543) Effective January 1, 2026.)
66313.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. )
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The department may issue, change, or remove guidelines that help implement uniform standards or criteria for this chapter, and those guidelines are not subject to Chapter 3.5 of Title 2, Division 3, Part 1.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 1. General Provisions [66310 - 66313.5] ( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66313.5. The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this chapter. The guidelines adopted pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (Added by renumbering Section 66327 by Stats. 2025, Ch. 520, Sec. 8. (SB 543) Effective January 1, 2026.)
66314.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
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A local agency may adopt an ordinance to allow accessory dwelling units and must include specified standards and limits.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66314. A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (a) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (b) (1) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (2) Notwithstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (c) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (d) Require the accessory dwelling units to comply with all of the following: (1) Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separate from the primary residence. (2) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (3) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. (4) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (5) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (6) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (7) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (8) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was uninhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this article. (9) Approval by the local health officer where a private sewage disposal system is being used, if required. (10) (A) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (B) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (C) This subparagraph shall not apply to an accessory dwelling unit that is described in Section 66322. (11) When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (12) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (e) Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (f) An accessory dwelling unit ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (Amended by Stats. 2025, Ch. 67, Sec. 109. (AB 1170) Effective January 1, 2026.)
66315.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
Verify source ↗

Local agencies must use Section 66314’s standards for certain accessory dwelling unit evaluations and may not add extra standards, including an owner-occupant requirement, except they may require rentals of 30 days or longer.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66315. Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66316.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
Verify source ↗

Local agency accessory dwelling unit ordinances must use only ministerial approval processes and may not include discretionary requirements, except as this article allows.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66316. An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this article. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66317.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
Verify source ↗

Accessory dwelling unit permit applications must be processed ministerially, with completeness notice and appeal timelines, and generally must be approved or denied within set deadlines.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66317. (a) (1) A permit application for an accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. (2) (A) A permitting agency shall determine whether an application to create or serve an accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after the permitting agency received the application. (B) If the permitting agency determines an application is incomplete, the permitting agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list and description shall be provided with the written notice required by subparagraph (A). (C) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the permitting agency. (D) In the review of an application submitted pursuant to subparagraph (C), the permitting agency shall not require the application to include an item that was not included in the list required by subparagraph (B). (E) If an applicant submits an application pursuant to subparagraph (C), the permitting agency shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B). This additional application is subject to the timelines and requirements specified in subparagraph (A). (F) If a permitting agency does not make a timely determination as required by this paragraph, the application or resubmitted application shall be deemed to be complete for the purposes of this section. (3) The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this section, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (b) If a permitting agency denies an application for an accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) No local ordinance, policy, or regulation, other than an accessory dwelling unit ordinance consistent with this article shall be the basis for the delay or denial of a building permit or a use permit under this section. (d) (1) If a permit application is determined to be incomplete under paragraph (2) of subdivision (a) or denied under paragraph (3) of subdivision (a), the permitting agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both. (2) A permitting agency on the appeal shall provide a final written determination by not later than 60 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-business-day period. (Amended by Stats. 2025, Ch. 520, Sec. 3. (SB 543) Effective January 1, 2026.)
66318.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
Verify source ↗

A local agency may change its zoning ordinance or general plan to add accessory dwelling unit rules if those rules fit this article’s limits.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66318. (a) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this article. (b) An accessory dwelling unit ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66319.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
Verify source ↗

An accessory dwelling unit that meets Section 66314 must be treated as an accessory use or building and cannot be counted as exceeding lot density or used to limit residential growth under local rules.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66319. An accessory dwelling unit that conforms to Section 66314 shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66320.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
Verify source ↗

A local agency without an accessory dwelling unit ordinance under Section 66314 must approve or deny a permit application ministerially, without discretionary review.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66320. When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with Section 66314 receives an application for a permit to create or serve an accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to Section 66317. (Amended by Stats. 2025, Ch. 520, Sec. 4. (SB 543) Effective January 1, 2026.)
66321.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
Verify source ↗

Local agencies may set ADU unit-size rules, but they cannot adopt size or height limits that are more restrictive than the section allows.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66321. (a) Subject to subdivision (b), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency shall not establish by ordinance any of the following: (1) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (2) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: (A) Eight hundred fifty square feet of interior livable space. (B) One thousand square feet of interior livable space for an accessory dwelling unit that provides more than one bedroom. (3) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit an accessory dwelling unit with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (4) Any height limitation that does not allow at least the following, as applicable: (A) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. (B) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (C) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. (D) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This subparagraph shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (Amended by Stats. 2025, Ch. 520, Sec. 5. (SB 543) Effective January 1, 2026.)
66322.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
Verify source ↗

Local agencies may not require parking standards for accessory dwelling units in listed situations, and may not deny ADU permit applications for certain correctable zoning, building code, or unpermitted structure issues.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66322. Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply: (a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances: (1) Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit. (2) Where the accessory dwelling unit is located within an architecturally and historically significant historic district. (3) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision. (b) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66323.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
Verify source ↗

Local agencies must approve qualifying accessory dwelling unit permit applications in residential or mixed-use zones, and they are limited in what conditions they can impose.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66323. (a) Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following units, or any combination of the following units: (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (B) The space has exterior access from the proposed or existing single-family dwelling. (C) The side and rear setbacks are sufficient for fire and safety. (D) The junior accessory dwelling unit complies with the requirements of Article 3 (commencing with Section 66333). (2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. A local agency may impose the following conditions on the accessory dwelling unit: (A) A total floor area limitation of not more than 800 square feet of livable space. (B) A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable. (3) (A) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (4) (A) (i) Multiple accessory dwelling units, not to exceed the number specified in clause (ii) or (iii), as applicable, that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet. (ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot. (iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units. (B) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph. (b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a). (c) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (d) The installation of fire sprinklers shall not be required in an accessory dwelling unit or a junior accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit or a junior accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (e) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than 30 days. (f) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (Amended by Stats. 2025, Ch. 520, Sec. 6. (SB 543) Effective January 1, 2026.)
66325.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
Verify source ↗

This section says the article overrides conflicting local ordinances, except as stated in subdivision (b).

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66325. (a) Except as provided in subdivision (b), this article shall supersede a conflicting local ordinance. (b) This article does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66326.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
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A local agency must send its adopted ordinance to the Department of Housing and Community Development within 60 days, and follow the department’s compliance-finding process.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66326. (a) A local agency shall submit a copy of the ordinance adopted pursuant to Section 66314 to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this article. (b) (1) If the department finds that the local agency’s ordinance does not comply with this article, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this article. (2) The local agency shall consider the findings made by the department pursuant to paragraph (1) and shall do one of the following: (A) Amend the ordinance to comply with this article. (B) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this article despite the findings of the department. (c) (1) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this article and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (2) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this article between January 1, 2017, and January 1, 2020. (d) If a local agency fails to submit a copy of its ordinance to the department within 60 days of adoption pursuant to this section or fails to respond to the department’s findings that the local ordinance does not comply with this article within 30 days pursuant to this section, that ordinance shall be null and void. The local agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article, including, but not limited to, the submittal requirements of this section. (Amended by Stats. 2025, Ch. 510, Sec. 1. (SB 9) Effective January 1, 2026.)
66328.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
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A local agency generally may not issue an accessory dwelling unit certificate of occupancy before the primary dwelling’s certificate of occupancy. A limited emergency exception requires issuance in certain counties after a governor’s state emergency proclamation, if the primary dwelling was substantially damaged or destroyed and the ADU has permits and passed inspections.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66328. (a) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (b) Notwithstanding subdivision (a), a local agency shall issue a certificate of occupancy for an accessory dwelling unit constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, if both of the following requirements are met, even if the primary dwelling has not yet been issued a certificate of occupancy: (1) The primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation issued by the Governor. (2) The accessory dwelling unit has been issued construction permits and has passed all required inspections. (c) Subdivision (b) does not apply to an accessory dwelling unit attached to the primary dwelling. (Amended by Stats. 2025, Ch. 491, Sec. 1. (AB 462) Effective October 10, 2025.)
66329.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
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This section sets coastal permit timelines for accessory dwelling units and limits local hearings and appeals in some cases.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66329. (a) Except as provided in subdivision (b), nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall, pursuant to Section 66317, either approve or deny a coastal development permit application for an accessory dwelling within 60 days of receiving a completed application, and shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. The process to approve or deny a coastal development permit application under this subdivision shall happen concurrently with the process to approve or deny an application for an accessory dwelling unit under Section 66317. (b) (1) If the local government does not have a certified local coastal plan or program, as defined in Section 31001 of the Public Resources Code, then the California Coastal Commission shall either approve or deny the coastal development permit application for an accessory dwelling unit within 60 days of receiving a completed application. (2) A local government that does not have a certified local coastal plan or program shall immediately notify the California Coastal Commission that a permit application for an accessory dwelling unit is complete pursuant to Section 66317. (3) The California Coastal Commission’s review process to approve or deny a coastal development permit application shall happen concurrently with the process to approve or deny an application for an accessory dwelling unit under Section 66317 provided that the California Coastal Commission has received a completed application for a coastal development permit pursuant to Section 65943. (4) Notwithstanding paragraph (1), if the coastal development permit application to create or serve an accessory dwelling unit is submitted with a coastal development permit application to create or serve a new single-family or multifamily dwelling on the lot, the California Coastal Commission may delay approving or denying the coastal development permit application for the accessory dwelling unit until the California Coastal Commission approves or denies the coastal development permit application to create or serve the new single-family or multifamily dwelling. (5) Except as provided in paragraph (4), if the California Coastal Commission has not approved or denied the completed coastal development permit application for the accessory dwelling unit within 60 days, the application shall be deemed approved. (c) Any decision of a local government pursuant to subdivision (a) is not subject to appeal under Section 30603 of the Public Resources Code. (Amended by Stats. 2025, Ch. 491, Sec. 2. (AB 462) Effective October 10, 2025.)
66330.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
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A local agency may count an accessory dwelling unit as an adequate housing site if the department authorizes it and the agency complies with this division.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66330. A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66331.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )
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A local agency must delay enforcement of a building standard for certain accessory dwelling units when the owner requests it, if the stated conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66331] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66331. In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in subdivision (a) or (b), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (a) The accessory dwelling unit was built before January 1, 2020. (b) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66333.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. )
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A local agency may allow junior accessory dwelling units in single-family residential zones and may require permits, but if it does, it must follow listed design, occupancy, deed restriction, and rental-term conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66333. Notwithstanding Article 2 (commencing with Section 66314), a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: (a) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (b) If the junior accessory dwelling unit has shared sanitation facilities with the existing structure, require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization. (c) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (1) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this article. (d) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this subdivision, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. (e) (1) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (2) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. (f) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following: (1) A cooking facility with appliances. (2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (g) Require that a rental of a junior accessory dwelling unit be for a term longer than 30 days. (Amended by Stats. 2025, Ch. 507, Sec. 1. (AB 1154) Effective January 1, 2026.)
66333.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. )
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A local agency must send its adopted ordinance to the Department of Housing and Community Development within 60 days, and must respond to any department findings about noncompliance; otherwise the ordinance can become null and void.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66333.5. (a) A local agency shall submit a copy of the ordinance adopted pursuant to Section 66333 to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this article. (b) (1) If the department finds that the local agency’s ordinance does not comply with this article, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this article. (2) The local agency shall consider the findings made by the department pursuant to paragraph (1) and shall do one of the following: (A) Amend the ordinance to comply with this article. (B) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this article despite the findings of the department. (c) (1) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this article and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (2) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this article between January 1, 2017, and January 1, 2020. (d) If a local agency fails to submit a copy of its ordinance to the department within 60 days of adoption pursuant to this section or fails to respond to the department’s findings that the local ordinance does not comply with this article within 30 days pursuant to this section, that ordinance shall be null and void. The local agency shall thereafter apply the standards established in this article for the approval of junior accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article, including, but not limited to, the submittal requirements of this section. (Added by Stats. 2025, Ch. 520, Sec. 10. (SB 543) Effective January 1, 2026.)
66334.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. )
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A junior accessory dwelling unit ordinance may not require extra parking as a permit condition, but inspections and inspection fees are still allowed to check compliance with building standards.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66334. (a) A junior accessory dwelling unit ordinance adopted pursuant to Section 66333 shall not require additional parking as a condition to grant a permit. (b) This article shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66335.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. )
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Junior accessory dwelling unit permit applications must be reviewed ministerially, with written completeness notice, appeal rights, and set decision deadlines.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66335. (a) (1) An application for a permit pursuant to this article shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. (2) (A) A permitting agency shall determine whether an application to create or serve a junior accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after the permitting agency received the application. (B) If the permitting agency determines an application is incomplete, the permitting agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list and description shall be provided with the written notice required by subparagraph (A). (C) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the permitting agency. (D) In the review of an application submitted pursuant to subparagraph (C), the permitting agency shall not require the application to include an item that was not included in the list required by subparagraph (B). (E) If an applicant submits an application pursuant to subparagraph (C), the permitting agency shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B). This additional application is subject to the timelines and requirements specified in subparagraph (A). (F) If a permitting agency does not make a timely determination as required by this paragraph, the application or resubmitted application shall be deemed to be complete for the purposes of this section. (3) The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. (4) If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. (5) If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. (b) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this article. (d) No local ordinance, policy, or regulation, other than a junior accessory dwelling unit ordinance consistent with this article, shall be the basis for the delay or denial of a building permit or a use permit under this section. (e) (1) If a permit application is determined to be incomplete under paragraph (2) of subdivision (a) or denied under paragraph (3) of subdivision (a), the permitting agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both. (2) A permitting agency on the appeal shall provide a final written determination by not later than 60 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-business-day period. (Amended by Stats. 2025, Ch. 520, Sec. 11. (SB 543) Effective January 1, 2026.)
66335.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. )
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If a local agency has not adopted a junior accessory dwelling unit ordinance, it must approve or deny a permit application ministerially, without discretionary review.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66335.5. When a local agency that has not adopted an ordinance governing junior accessory dwelling units in accordance with Section 66333 receives an application for a permit to create or serve a junior accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to Section 66335. (Added by Stats. 2025, Ch. 520, Sec. 12. (SB 543) Effective January 1, 2026.)
66336.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. )
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A local agency may not deny a junior accessory dwelling unit permit because of corrected nonconforming zoning conditions, building code violations, or unpermitted structures covered by the section.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66336. A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this article due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66337.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. )
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A junior accessory dwelling unit cannot be treated as a separate or new dwelling unit for fire or life protection rules, and local public entities may still adopt uniform fire and life protection ordinances for single-family residences with such units.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66337. (a) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (b) This article shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66338.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. )
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A junior accessory dwelling unit is not treated as a separate or new dwelling unit for water, sewer, or power service purposes, including connection fees.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66338. (a) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (b) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66339.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. )
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If there is no local ordinance under this article, the local agency must ministerially approve a permit for a junior accessory dwelling unit that meets the stated requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66339. If a local agency has not adopted a local ordinance pursuant to this article, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in paragraph (1) of subdivision (a) of Section 66323 and the requirements of this article. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66339.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. )
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This section says the article overrides conflicting local ordinances, but local agencies may adopt less restrictive requirements for junior accessory dwelling units.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339.5] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66339.5. (a) Except as provided in subdivision (b), this article shall supersede a conflicting local ordinance. (b) This article does not limit the authority of local agencies to adopt less restrictive requirements for the creation of a junior accessory dwelling unit. (Added by Stats. 2025, Ch. 520, Sec. 13. (SB 543) Effective January 1, 2026.)
66340.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 4. Accessory Dwelling Unit Sales [66340 - 66342] ( Article 4 added by Stats. 2024, Ch. 7, Sec. 20. )
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This section defines “qualified buyer” and “qualified nonprofit corporation” for this article.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 4. Accessory Dwelling Unit Sales [66340 - 66342] ( Article 4 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66340. For purposes of this article: (a) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (b) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66341.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 4. Accessory Dwelling Unit Sales [66340 - 66342] ( Article 4 added by Stats. 2024, Ch. 7, Sec. 20. )
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A local agency must allow separate sale or conveyance of an accessory dwelling unit to a qualified buyer if the section’s conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 4. Accessory Dwelling Unit Sales [66340 - 66342] ( Article 4 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66341. A local agency shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply: (a) The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation. (b) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. (c) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following: (1) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies. (2) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property. (3) A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence. (4) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer. (5) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following: (A) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied. (B) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party. (C) Procedures for dispute resolution among the parties before resorting to legal action. (d) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code. (e) Notwithstanding Section 66324, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (f) Nothing in this section limits the ability of an accessory dwelling unit to be sold or otherwise conveyed separate from the primary residence as a condominium pursuant to an ordinance adopted under Section 66342. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66342.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 4. Accessory Dwelling Unit Sales [66340 - 66342] ( Article 4 added by Stats. 2024, Ch. 7, Sec. 20. )
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This section lets a local agency adopt an ordinance for separating accessory dwelling units and primary dwellings as condominiums, but if it does, the ordinance must meet several specified requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ## ARTICLE 4. Accessory Dwelling Unit Sales [66340 - 66342] ( Article 4 added by Stats. 2024, Ch. 7, Sec. 20. ) ## 66342. In addition to the requirement that a local agency allow the separate sale or conveyance of an accessory dwelling unit pursuant to Section 66341, a local agency may also adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums. Any such ordinance shall include all of the following requirements: (a) The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). (b) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of a local subdivision ordinance. (c) Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development. (d) (1) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder’s consent. The following shall apply to the consent of a lienholder: (A) A lienholder may refuse to give consent. (B) A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied. (2) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows: “(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.” (3) The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information: (A) The lienholder’s signature. (B) The name of the record owner or ground lessee. (C) The legal description of the real property. (D) The identities of all parties with an interest in the real property as reflected in the real property records. (E) The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located. (e) The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval: “NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any. In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following: (a) Paying off your current lender. You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied. (b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels. (c) Securing your lender’s consent to the details of any construction loan or ground lease. This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.” (f) If an accessory dwelling unit is established as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance. (g) (1) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association. (2) For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association. (h) An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this paragraph or pursuant to this article. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)
66345.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 14. Accelerated Restaurant Building Plan Approval [66345 - 66345.4] ( Chapter 14 added by Stats. 2025, Ch. 470, Sec. 3. )
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This section states legislative findings supporting accelerated plan approval for food service establishments and restaurants.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 14. Accelerated Restaurant Building Plan Approval [66345 - 66345.4] ( Chapter 14 added by Stats. 2025, Ch. 470, Sec. 3. ) ## 66345. The Legislature finds and declares all of the following: (a) Small, independent restaurants are essential to California’s identity as a world-renowned culinary destination and reflect the state’s diversity, agricultural abundance, and tradition of culinary innovation. (b) Family-owned restaurants serve as cultural anchors in their communities, preserving and sharing diverse food traditions across generations while creating spaces for community gathering and celebration. (c) The restaurant industry is one of California’s largest small business employers, providing critical first jobs, career advancement opportunities, and pathways to business ownership for immigrant entrepreneurs and historically underserved communities. (d) California’s restaurant sector is a vital component of the state’s tourism industry, with food tourism generating substantial economic activity in communities throughout the state. (e) Local restaurants play a crucial role in supporting California’s agricultural sector by sourcing ingredients from local farms and food producers, contributing to the state’s farm-to-table movement and sustainable food systems. (f) Delays in municipal building plan review processes can create significant economic hardship for small business owners. (g) Qualified licensed architects and engineers can supplement municipal plan review capacity while maintaining public safety standards. (h) An expedited review process for food service establishments will promote economic development while ensuring compliance with all applicable health and safety requirements. (Added by Stats. 2025, Ch. 470, Sec. 3. (AB 671) Effective January 1, 2026.)
66345.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 14. Accelerated Restaurant Building Plan Approval [66345 - 66345.4] ( Chapter 14 added by Stats. 2025, Ch. 470, Sec. 3. )
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This section defines key terms used in the chapter, including “qualified professional certifier,” “restaurant,” and “tenant improvement.”

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 14. Accelerated Restaurant Building Plan Approval [66345 - 66345.4] ( Chapter 14 added by Stats. 2025, Ch. 470, Sec. 3. ) ## 66345.1. For purposes of this chapter, all of the following definitions apply: (a) “Qualified professional certifier” means an architect licensed pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, or a professional engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, who meets both of the following conditions: (1) Has at least five years of experience in commercial building design or plan review. (2) Maintains professional liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence. (b) “Restaurant” means a retail food establishment that prepares, serves, and vends food directly to the consumer and is not a fast food restaurant, as that term is defined in Section 1474 of the Labor Code. (c) “Tenant improvement” means a change to the interior of an existing building. (Added by Stats. 2025, Ch. 470, Sec. 3. (AB 671) Effective January 1, 2026.)
66345.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 14. Accelerated Restaurant Building Plan Approval [66345 - 66345.4] ( Chapter 14 added by Stats. 2025, Ch. 470, Sec. 3. )
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This section lets a local building department allow a qualified professional certifier to certify a restaurant tenant improvement, sets affidavit and review deadlines, requires random audits, and preserves other inspections and health department authority.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 14. Accelerated Restaurant Building Plan Approval [66345 - 66345.4] ( Chapter 14 added by Stats. 2025, Ch. 470, Sec. 3. ) ## 66345.2. (a) (1) A local building department shall allow, upon request from an applicant for a permit for a tenant improvement relating to a restaurant, a qualified professional certifier to certify, at the applicant’s expense, compliance with all applicable building, health, and safety codes, including, but not limited to, building standards approved by the California Building Standards Commission and local building standards, for the tenant improvement. (2) A tenant improvement relating to a restaurant certified pursuant to this chapter shall comply with all applicable building, health, and safety codes, including, but not limited to, building standards approved by the California Building Standards Commission and local building standards, in effect at the time the application for a permit is submitted. (b) (1) (A) A qualified professional certifier shall prepare an affidavit, under penalty of perjury, attesting that the tenant improvement plans and specifications comply with all applicable building, health, and safety codes, including, but not limited to, building standards approved by the California Building Standards Commission and local building standards. (B) A qualified professional certifier or the applicant shall prepare an affidavit, under penalty of perjury, attesting that the restaurant for which the tenant improvement is constructed meets the requirements of subdivision (b) of Section 66345.1. (2) The local building department shall approve or deny the application within 20 business days of receiving a complete application, including the affidavits specified in paragraph (1). (3) If the local building department does not approve or deny the application within 20 business days of receiving a complete application, including the affidavits specified in paragraph (1), a certified plan shall be deemed approved for permitting purposes, provided that all fees and required documents have been submitted. (4) If a complete application is denied within the 20-business-day period described in paragraph (2), the applicant may resubmit corrected plans addressing the deficiencies identified in the initial denial. The local building department’s review of each subsequent resubmission shall be limited to correcting the deficiencies identified in the initial denial. The local building department shall approve or deny each subsequent resubmission within 10 business days of receipt. (c) (1) Each local building department shall conduct a random audit of no less than 20 percent of all tenant improvements submitted per week for certification under this chapter. (2) Audits shall be initiated within five business days following permit issuance and shall include a review of the submitted plans for compliance with all applicable building, health, and safety codes, including, but not limited to, building standards approved by the California Building Standards Commission and local building standards. (3) If an audit reveals material noncompliance, the local building department shall provide a plan check correction notice within 10 business days of the audit’s initiation. (d) (1) Certification under this chapter does not exempt a tenant improvement from other mandatory construction inspections, including, but not limited to, fire, health, and structural inspections conducted during or after construction. (2) This chapter does not limit the authority of the local health department under the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code). (3) This chapter shall not apply to tenant improvements subject to plan review requirements under the California Retail Food Code (Article 1 (commencing with Section 114380) of Chapter 13 of Part 7 of Division 104 of the Health and Safety Code). (e) Any false statement in a certification submission made under this chapter shall be grounds for disciplinary action by the California Architects Board, pursuant to Section 5586.5 of the Business and Professions Code, or the Board for Professional Engineers, Land Surveyors, and Geologists, pursuant to Section 6775 of the Business and Professions Code, as applicable. (f) A city or county may adopt, by ordinance, additional qualifications or requirements for a qualified professional certifier, including, but not limited to, any of the following: (1) A requirement to register with the city or county prior to certifying plans pursuant to this chapter. (2) Training requirements that must be completed prior to certifying plans pursuant to this chapter. (3) Payment of fees not to exceed the reasonable cost of implementing this chapter. (4) Penalties that may include decertification as a qualified professional certifier in that jurisdiction or reasonable administrative fines for either of the following: (A) Willful noncompliance with the requirements of this chapter. (B) Two or more instances in which the qualified professional certifier attested to certifying noncompliant plans pursuant to this chapter. (Added by Stats. 2025, Ch. 470, Sec. 3. (AB 671) Effective January 1, 2026.)
66345.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 14. Accelerated Restaurant Building Plan Approval [66345 - 66345.4] ( Chapter 14 added by Stats. 2025, Ch. 470, Sec. 3. )
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A local building department is not barred from charging permit fees for applications that use a qualified professional certifier.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 14. Accelerated Restaurant Building Plan Approval [66345 - 66345.4] ( Chapter 14 added by Stats. 2025, Ch. 470, Sec. 3. ) ## 66345.3. This chapter does not prohibit a local building department from charging permit fees for applications utilizing a qualified professional certifier. (Added by Stats. 2025, Ch. 470, Sec. 3. (AB 671) Effective January 1, 2026.)
66345.4.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 14. Accelerated Restaurant Building Plan Approval [66345 - 66345.4] ( Chapter 14 added by Stats. 2025, Ch. 470, Sec. 3. )
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Qualified professional certifiers may be liable for damages from negligent plan review, the applicant must indemnify the local agency for certain damage or injury from permitted construction, and public entities or employees are not liable for injury from permit-issuance or denial acts or omissions under this chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 14. Accelerated Restaurant Building Plan Approval [66345 - 66345.4] ( Chapter 14 added by Stats. 2025, Ch. 470, Sec. 3. ) ## 66345.4. (a) Qualified professional certifiers shall be liable for any damages arising from negligent plan review pursuant to this chapter. (b) The applicant shall indemnify the local agency from any property damage or personal injury arising from construction permitted pursuant to this chapter. (c) Notwithstanding Section 815.6, a public entity or public employee is not liable for an injury caused by their discretionary or ministerial acts or omissions relating to the issuance or denial of any permit pursuant to this chapter. (Added by Stats. 2025, Ch. 470, Sec. 3. (AB 671) Effective January 1, 2026.)
66410.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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This division may be cited as the Subdivision Map Act.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66410. This division may be cited as the Subdivision Map Act. (Added by Stats. 1974, Ch. 1536.)
66411.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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Local agencies have authority over subdivision design and improvement, and must adopt ordinances covering specified subdivisions and erosion controls.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66411. Regulation and control of the design and improvement of subdivisions are vested in the legislative bodies of local agencies. Each local agency shall, by ordinance, regulate and control the initial design and improvement of common interest developments as defined in Section 4100 or 6534 of the Civil Code and subdivisions for which this division requires a tentative and final or parcel map. In the development, adoption, revision, and application of this type of ordinance, the local agency shall comply with the provisions of Section 65913.2. The ordinance shall specifically provide for proper grading and erosion control, including the prevention of sedimentation or damage to offsite property. Each local agency may by ordinance regulate and control other subdivisions, provided that the regulations are not more restrictive than the regulations for those subdivisions for which a tentative and final or parcel map are required by this division, and provided further that the regulations shall not be applied to short-term leases (terminable by either party on not more than 30 days’ notice in writing) of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the Public Utilities Code unless a showing is made in individual cases, under substantial evidence, that public policy necessitates the application of the regulations to those short-term leases in individual cases. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 55) by Stats. 2013, Ch. 605, Sec. 29. (SB 752) Effective January 1, 2014.)
66411.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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For certain non-subdivision land divisions, local improvement rules are limited, the requirements must be noticed and recorded, and construction is generally delayed until development approval; a local agency may require earlier completion if specific findings are made.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66411.1. (a) Notwithstanding Section 66428, whenever a local ordinance requires improvements for a division of land which is not a subdivision of five or more lots, the regulations shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created. Requirements for the construction of offsite and onsite improvements shall be noticed by a statement on the parcel map, on the instrument evidencing the waiver of the parcel map, or by a separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record. (b) Notwithstanding Section 66428, fulfillment of the construction requirements shall not be required until the time a permit or other grant of approval for development of the parcel is issued by the local agency or, where provided by local ordinances, until the time the construction of the improvements is required pursuant to an agreement between the subdivider and the local agency, except that in the absence of an agreement, a local agency may require fulfillment of the construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the local agency that fulfillment of the construction requirements is necessary for either of the following reasons: (1) The public health and safety. (2) The required construction is a necessary prerequisite to the orderly development of the surrounding area. (Amended by Stats. 1994, Ch. 655, Sec. 1. Effective January 1, 1995.)
66411.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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For certain parcel maps or final maps used in a judicial partition, the local agency may set exaction and improvement amounts, but it cannot demand payment, improvements, security, or accept dedication offers until the contract ends or is canceled for that parcel, with a limited fee-and-assessment exception.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66411.5. (a) Notwithstanding any other provision of this division, whenever a parcel map or final map is required to effectuate a judicial partition of property pursuant to subdivision (b) and pursuant to Section 872.040 of the Code of Civil Procedure, the local agency approving the parcel map or final map may establish the amount of any monetary exaction or any dedication or improvement requirement authorized by law as a condition of approving the parcel map or final map, but shall not require payment of the exaction, the undertaking of the improvement, or posting of security for future performance thereof and shall not accept any required offer of dedication until the time specified in subdivision (b). (b) This section applies to judicial partition of real property which is subject to a contract under Article 3 (commencing with Section 51240) of Chapter 7 of Part 1 of Division 1 of Title 5 and which will remain subject to that contract subsequent to the filing of the parcel map or final map. With respect to any parcel created by a parcel map or final map subject to this section, payment of exactions and acceptance of offers of dedication under this section shall be deferred by the local agency until the contract terminates or is canceled as to that parcel, except that no deferral is required under this subdivision as to fees and assessments that are due and payable for governmental services provided to the parcel prior to termination or cancellation of the contract. The applicants for a parcel map or final map subject to this section shall be personally liable for performance of obligations deferred under this section at the time they become due. (Added by Stats. 1988, Ch. 494, Sec. 1.)
66411.7.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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Local agencies must ministerially approve qualifying urban lot split parcel maps and follow specified limits, deadlines, and conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements: (1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. (2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements: (A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, as that section read on September 16, 2021. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historical landmark property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark pursuant to a city or county ordinance. (F) The proposed urban lot split does not require demolition or alteration of either of the following: (i) A contributing structure located within either a historic district that is included on the California Register of Historical Resources or within a historic district listed or designated pursuant to a city or county ordinance. (ii) An existing exterior structural wall of a structure located within either a historic district that is included on the California Register of Historical Resources or within a historic district listed or designated pursuant to a city or county ordinance. (G) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (H) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements: (1) (A) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (B) An application for an urban lot split shall be considered and approved or denied within 60 days from the date the local agency receives a completed application. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (C) If a permitting agency denies an application for an urban lot split pursuant to subparagraph (B), the permitting agency shall, within the time period described in subparagraph (B), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. (3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that are related to the design or to improvements of a parcel, consistent with paragraph (3) of subdivision (b) and with subdivision (e), and are applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split: (1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. (3) Offstreet parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.21, 65915, Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in subdivision (a) of Section 66313, or a junior accessory dwelling unit as defined in subdivision (d) of Section 66313. (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (l) For purposes of this section, both of the following shall apply: (1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (m) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (n) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section. (Amended by Stats. 2026, Ch. 56, Sec. 9. (SB 1426) Effective June 30, 2026.)
66412.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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This section says the division does not apply to listed transactions and sets special rules for lot line adjustments and certain conversions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66412. This division shall be inapplicable to any of the following: (a) The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks, or trailer parks. (b) Mineral, oil, or gas leases. (c) Land dedicated for cemetery purposes under the Health and Safety Code. (d) A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, if the lot line adjustment is approved by the local agency, or advisory agency. A local agency or advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances. An advisory agency or local agency shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. A local agency shall approve or disapprove a lot line adjustment pursuant to the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920) of Division 1). (e) Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party. (f) Any separate assessment under Section 2188.7 of the Revenue and Taxation Code. (g) The conversion of a community apartment project, as defined in Section 4105 of the Civil Code, to a condominium, as defined in Section 783 of the Civil Code, but only if all of the following requirements are met: (1) The property was subdivided before January 1, 1982, as evidenced by a recorded deed creating the community apartment project. (2) Subject to compliance with Sections 4290 and 4295 of the Civil Code, all conveyances and other documents necessary to effectuate the conversion shall be executed by the required number of owners in the project as specified in the bylaws or other organizational documents. If the bylaws or other organizational documents do not expressly specify the number of owners necessary to execute the conveyances and other documents, a majority of owners in the project shall be required to execute the conveyances or other documents. Conveyances and other documents executed under the foregoing provisions shall be binding upon and affect the interests of all parties in the project. (3) If subdivision, as defined in Section 66424, of the property occurred after January 1, 1964, both of the following requirements are met: (A) A final or parcel map of that subdivision was approved by the local agency and recorded, with all of the conditions of that map remaining in effect after the conversion. (B) No more than 49 percent of the units in the project were owned by any one person as defined in Section 17, including an incorporator or director of the community apartment project, on January 1, 1982. (4) The local agency certifies that the above requirements were satisfied if the local agency, by ordinance, provides for that certification. (h) The conversion of a stock cooperative, as defined in Section 4190 or 6566 of the Civil Code, to a condominium, as defined in Section 783 of the Civil Code, but only if all of the following requirements are met: (1) The property was subdivided before January 1, 1982, as evidenced by a recorded deed creating the stock cooperative, an assignment of lease, or issuance of shares to a stockholder. (2) A person renting a unit in a cooperative shall be entitled at the time of conversion to all tenant rights in state or local law, including, but not limited to, rights respecting first refusal, notice, and displacement and relocation benefits. (3) Subject to compliance with Sections 4290 and 4295, or with Sections 6626 and 6628, of the Civil Code, all conveyances and other documents necessary to effectuate the conversion shall be executed by the required number of owners in the cooperative as specified in the bylaws or other organizational documents. If the bylaws or other organizational documents do not expressly specify the number of owners necessary to execute the conveyances and other documents, a majority of owners in the cooperative shall be required to execute the conveyances or other documents. Conveyances and other documents executed under the foregoing provisions shall be binding upon and affect the interests of all parties in the cooperative. (4) If subdivision, as defined in Section 66424, of the property occurred after January 1, 1980, both of the following requirements are met: (A) A final or parcel map of that subdivision was approved by the local agency and recorded, with all of the conditions of that map remaining in effect after the conversion. (B) No more than 49 percent of the shares in the project were owned by any one person as defined in Section 17, including an incorporator or director of the cooperative, on January 1, 1982. (5) The local agency certifies that the above requirements were satisfied if the local agency, by ordinance, provides for that certification. (i) The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind powered electrical generation device on the land, if the project is subject to discretionary action by the advisory agency or legislative body. (j) The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the advisory agency or legislative body. (k) Leases of agricultural land for agricultural purposes. As used in this subdivision, “agricultural purposes” means the cultivation of food or fiber, or the grazing or pasturing of livestock. (l) The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review under other local agency ordinances regulating design and improvement or, if the project is subject to other discretionary action by the advisory agency or legislative body. (m) The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces overall emissions of greenhouse gases from agricultural operations on the land if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to discretionary action by the advisory agency or legislative body. (n) The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of an electrical energy storage system on the land, if the project is subject to discretionary action by the advisory agency or legislative body. For the purposes of this subdivision, “energy storage system” has the same meaning as defined in Section 2835 of the Public Utilities Code. (o) The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a hydrogen fueling station or an electric vehicle charging station, if the project is subject to discretionary action by the advisory agency or legislative body. For purposes of this subdivision, “hydrogen fueling station” and “electric vehicle charging station” have the same meanings as defined in Section 65850.7. (Amended by Stats. 2024, Ch. 591, Sec. 1. (SB 347) Effective January 1, 2025.)
66412.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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This division does not apply to certain financing or leasing of land tied to commercial or industrial construction on a single parcel, or to existing separate commercial or industrial buildings on a single parcel.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66412.1. This division shall also be inapplicable to: (a) The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other local agency ordinances regulating design and improvement. (b) The financing or leasing of existing separate commercial or industrial buildings on a single parcel. (Amended by Stats. 1982, Ch. 87, Sec. 4. Effective March 1, 1982.)
66412.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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This division does not apply to certain construction, financing, or leasing of qualifying dwelling units, but it does apply to the sale or transfer of those units.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66412.2. This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Article 2 (commencing with Section 66314) of Chapter 13 of Division 1, but this division shall be applicable to the sale or transfer, but not leasing, of those units. (Amended by Stats. 2024, Ch. 7, Sec. 22. (SB 477) Effective March 25, 2024.)
66412.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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Each local agency must consider and balance the housing effects of its subdivision-related ordinances and actions against public service needs and available fiscal and environmental resources.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66412.3. In carrying out the provisions of this division, each local agency shall consider the effect of ordinances and actions adopted pursuant to this division 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. (Added by renumbering Section 66412.2 by Stats. 1983, Ch. 1013, Sec. 1. Effective September 22, 1983.)
66412.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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If a local ordinance so provides, this division does not apply to subdivisions of four parcels or fewer for removable commercial buildings under 100 square feet.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66412.5. When so provided by local ordinance, this division shall be inapplicable to subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet. (Added by Stats. 1977, Ch. 412.)
66412.6.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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Some parcels created before March 4, 1972 are conclusively presumed lawful in specified circumstances, and affected owners must get a certificate of compliance or conditional certificate before seeking development approval.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66412.6. (a) For purposes of this division or of a local ordinance enacted pursuant thereto, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if the parcel resulted from a division of land in which fewer than five parcels were created and if at the time of the creation of the parcel, there was no local ordinance in effect which regulated divisions of land creating fewer than five parcels. (b) For purposes of this division or of a local ordinance enacted pursuant thereto, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of this division or the local ordinance. Owners of parcels or units of land affected by the provisions of this subdivision shall be required to obtain a certificate of compliance or a conditional certificate of compliance pursuant to Section 66499.35 prior to obtaining a permit or other grant of approval for development of the parcel or unit of land. For purposes of determining whether the parcel or unit of land complies with the provisions of this division and of local ordinances enacted pursuant thereto, as required pursuant to subdivision (a) of Section 66499.35, the presumption declared in this subdivision shall not be operative. (c) This section shall become operative January 1, 1995. (Amended (as added by Stats. 1988, Ch. 1041, Sec. 2) by Stats. 1993, Ch. 500, Sec. 2. Effective January 1, 1994. Section operative January 1, 1995, by its own provisions.)
66412.7.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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A subdivision is treated as established when the final map or parcel map is recorded, with special earlier-dated rules for certain older filings and certificate-of-exception cases.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66412.7. A subdivision shall be deemed established for purposes of subdivision (d) of Section 66499.30 and any other provision of this division on the date of recordation of the final map or parcel map, except that in the case of (1) maps filed for approval prior to March 4, 1972, and subsequently approved by the local agency or (2) subdivisions exempted from map requirements by a certificate of exception (or the equivalent) applied for prior to such date and subsequently issued by the local agency pursuant to local ordinance, the subdivision shall be deemed established on the date the map or application for a certificate of exception (or the equivalent) was filed with the local agency. (Added by Stats. 1980, Ch. 479.)
66412.8.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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A qualifying Los Angeles County project is exempt from violation for not building specified roadway and bridge improvements if easement rights were relinquished in connection with a state wetlands acquisition and the wetlands project meets the size and coastal-zone conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66412.8. (a) A project located in Los Angeles County that is approved by a public agency before the effective date of the act adding this section is not in violation of any requirement of this division by reason of the failure to construct a roadway across the property transferred to the state pursuant to subdivision (c) of Section 21080.29 of the Public Resources Code and to construct a bridge over the adjacent Ballona Channel in Los Angeles County, otherwise required as a condition of approval of a vesting tentative map or a tentative map, if all of the following conditions apply: (1) The improvements specified in subdivision (a) are not constructed, due in whole or in part, to the project owner’s or developer’s relinquishment of easement rights to construct the improvements. (2) The easement rights specified in paragraph (1) are relinquished in connection with the acquisition by the State of California, acting by and through the Wildlife Conservation Board of the Department of Fish and Game, of a wetlands project that is a minimum of 400 acres in size and located in the coastal zone. (b) Where the easement rights have been relinquished, any municipal ordinance or regulation adopted by a charter city or a general law city shall be inapplicable to the extent that the ordinance or regulation requires construction of the transportation improvements specified in subdivision (a), or would otherwise require reprocessing or resubmittal of a permit or approval, including, but not limited to, a final recorded map, a vesting tentative map, or a tentative map, as a result of the transportation improvements specified in subdivision (a) not being constructed. (Added by Stats. 2003, Ch. 739, Sec. 1. Effective January 1, 2004.)
66412.9.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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This division does not apply to certain leases of agriculturally zoned land to nonprofit organizations for agricultural labor housing if specific conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66412.9. This division shall not apply to leases of agriculturally zoned land to nonprofit organizations for the purpose of operating an agricultural labor housing project on the property if all of the following conditions apply: (1) The property to be leased shall not be more than five acres. (2) The lease shall be for not less than 30 years. (3) The lease shall be executed prior to January 1, 2017. (Added by Stats. 2009, Ch. 447, Sec. 1. (AB 494) Effective January 1, 2010.)
66413.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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If land in a subdivision is annexed to a city after a final map has been approved and recorded, the final map and related agreements keep governing it. If annexation happens before final map approval or before a parcel map becomes effective, the annexation date starts the required procedures and the map must comply with applicable city ordinances.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66413. (a) When any area in a subdivision as to which a final map has been finally approved by a board of supervisors and filed for record pursuant to this division is thereafter annexed to a city, the final map and any agreements relating to the subdivision shall continue to govern the subdivision. (b) When any area in a subdivision or proposed subdivision as to which a tentative map or vesting tentative map has been filed but a final map has not been finally approved, or as to which a parcel map is required by this division or local ordinance but the final act required to make the parcel map effective has not been taken, is annexed to a city, all procedures and regulations required by this division or by local ordinance of the annexing city shall be deemed to commence as of the effective date of the annexation and the map shall comply with the requirements of any applicable ordinance of the city to which the area is annexed. (Amended by Stats. 1986, Ch. 613, Sec. 1.)
66413.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. )
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A newly incorporated city must approve certain final subdivision maps, but may refuse or condition permits in limited health, safety, or law-compliance situations.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. General Provisions [66410 - 66413.5] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66413.5. (a) When any area in a subdivision or proposed subdivision as to which a tentative map meeting the criteria of this section has been approved by a board of supervisors is incorporated into a newly incorporated city, the newly incorporated city shall approve the final map if it meets all of the conditions of the tentative map and meets the requirements and conditions for approval of final maps as provided in Article 4 (commencing with Section 66456), and other requirements of this division. (b) When any area in a subdivision or proposed subdivision as to which a vesting tentative map meeting the criteria of this section has been approved by a board of supervisors is incorporated into a newly incorporated city, the newly incorporated city shall approve the final map and give effect to the vesting tentative map as provided in Chapter 4.5 (commencing with Section 66498.1), if the final map meets all of the conditions of the vesting tentative map and meets the requirements and conditions for approval of final maps as provided in Article 4 (commencing with Section 66456), Chapter 4.5 (commencing with Section 66498.1), and other requirements of this division. (c) Notwithstanding subdivisions (a) and (b), the newly incorporated city may condition or deny a permit, approval, or extension, or entitlement if it determines either of the following: (1) Failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required, in order to comply with state or federal law. (d) The rights conferred by this section shall expire if a final map application is not timely filed prior to the expiration of the tentative or vesting tentative map. Prior to the approval of the final map, the rights conferred by this section shall be subject to the applicable time periods set forth in Section 66452.6, which shall not exceed eight years from the date of the incorporation unless an applicant and the newly incorporated city mutually agree to a longer period provided by this division. (e) An approved tentative map or vesting tentative map shall not limit a newly incorporated city from imposing reasonable conditions on subsequent required approvals or permits necessary for the development, and authorized by the ordinances, policies, and standards described in Section 66474.2. (f) Except as otherwise provided in subdivision (g), this section applies to any approved tentative map or approved vesting tentative map that meets both of the following requirements: (1) The application for the tentative map or the vesting tentative map is submitted prior to the date that the first signature was affixed to the petition for incorporation pursuant to Section 56704, regardless of the validity of the first signature, or the adoption of the resolution pursuant to Section 56800, whichever occurs first. (2) The county approved the tentative map or the vesting tentative map prior to the date of the election on the question of incorporation. (g) This section does not apply to any territory for which the effective date of the incorporation is prior to January 1, 1999. (h) It is not the intent of the Legislature to influence or affect any litigation pending on or initiated before January 1, 1999. (Added by Stats. 1998, Ch. 689, Sec. 7.5. Effective January 1, 1999.)
66414.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )
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The definitions in this article apply only to this division and do not change other provisions of law.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66414. The definitions in this article apply to the provisions of this division only and do not affect any other provisions of law. (Added by Stats. 1974, Ch. 1536.)
66415.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. )
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This section defines “advisory agency.”

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions and Definitions [66410 - 66424.6] ( Chapter 1 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Definitions [66414 - 66424.6] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66415. “Advisory agency” means a designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority by local ordinance to approve, conditionally approve or disapprove maps. (Added by Stats. 1974, Ch. 1536.)

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