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AB-1409 Planning and zoning: zoning regulations.(2023-2024)

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Date Published: 02/17/2023 09:00 PM
AB1409:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1409

Introduced by Assembly Member Lowenthal

February 17, 2023

An act to amend Section 65860 of the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 1409, as introduced, Lowenthal. Planning and zoning: zoning regulations.
Existing law authorizes the legislative body of any county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, and open space, as specified. Existing law requires those zoning ordinances to be consistent with the general plan of the county or city and authorizes any resident or property owner within a city or a county to bring an action or proceeding in the superior court to enforce this requirement, as specified.
This bill would make nonsubstantive changes to those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 65860 of the Government Code is amended to read:

65860.
 (a) County or city zoning ordinances shall be consistent with the general plan of the county or city by January 1, 1974. A zoning ordinance shall be consistent with a city or county general plan only if both of the following conditions are met:
(1) The city or county has officially adopted such a plan.
(2) The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan.
(b) Any A resident or property owner within a city or a county, as the case may be, may bring an action or proceeding in the superior court to enforce compliance with subdivision (a). Any such action or proceeding shall be governed by Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. No An action or proceeding shall not be maintained pursuant to this section by any a person unless the action or proceeding is commenced and service is made on the legislative body within 90 days of the enactment of any new zoning ordinance or the amendment of any existing zoning ordinance.
(c) In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the plan, or to any element of the plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended.
(d) Notwithstanding Section 65803, this section shall also apply to a charter city.