Code Section Group

Government Code - GOV

TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]

  ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. )

DIVISION 1. PLANNING AND ZONING [65000 - 66301]

  ( Heading of Division 1 added by Stats. 1974, Ch. 1536. )

CHAPTER 3. Local Planning [65100 - 65763]

  ( Chapter 3 repealed and added by Stats. 1965, Ch. 1880. )

ARTICLE 8.2. Community Plans [65458 - 65458.3]
  ( Article 8.2 added by Stats. 2019, Ch. 269, Sec. 2. )

65458.
  

For purposes of this article:

(a) “Community plan” means a plan that meets all of the following requirements:

(1) The plan was adopted by a city, including a charter city, or county for a defined geographic area within its jurisdictional boundaries.

(2) The plan serves as the land use element, pursuant to subdivision (a) of Section 65302, for the area covered by the plan.

(3) The plan has not been updated for more than 10 years before the operative date of this article.

(4) The plan includes two or more transit priority areas, as defined in Section 21099 of the Public Resources Code.

(5) The city or county that adopts the plan has adopted, on or after January 1, 2015, a circulation or mobility element as a part of the general plan.

(6) The city or county that adopts the plan has a housing element that includes housing capacity to sufficiently accommodate regional housing needs projects as set forth in Section 65584.01.

(7) The city or county that adopts the plan has adopted a vehicle miles traveled threshold of significance for the area covered by the plan in compliance with Section 15064.3 of Title 14 of the California Code of Regulations.

(8) The area covered by the plan update is located within an urbanized area, as defined by Section 21071 of the Public Resources Code.

(9) The city or county that adopts the plan has also adopted any required ordinances or regulations related to either of the following:

(A) The designation of very high fire hazard severity zones pursuant to Section 51179.

(B) Flood plain management in accordance with the National Flood Insurance Program, pursuant to Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

(b) “Development project” has the same meaning as defined in Section 65928.

(c) “Update” means a comprehensive amendment to a community plan that is intended to bring the community plan up to date with the most current land use policies and that includes amendments to both the plain text and plan land use map, as well as the adoption or amendment of any zoning ordinances necessary to bring zoning into consistency with the community plan.

(Added by Stats. 2019, Ch. 269, Sec. 2. (AB 1515) Effective January 1, 2020. Repealed as of January 1, 2025, pursuant to Section 65458.3.)

65458.1.
  

Notwithstanding Section 21168.9 of the Public Resources Code, in any order that results from an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency, including a charter city, in adopting an update to a community plan on the grounds of noncompliance with Division 13 (commencing with Section 21000) of the Public Resources Code, the court shall not, on the basis of that noncompliance, invalidate, review, void, or set aside the approval of any development project for which either of the following applies:

(a) The development project is approved before the court issues a stay in connection with the action or proceeding or an order or writ requiring the challenged environmental impact report or community plan update to be rescinded or set aside.

(b) The application for the development project is deemed complete, pursuant to Section 65943, before the court issues a stay, order, or writ described in subdivision (a).

(Added by Stats. 2019, Ch. 269, Sec. 2. (AB 1515) Effective January 1, 2020. Repealed as of January 1, 2025, pursuant to Section 65458.3.)

65458.2.
  

This article does not do either of the following:

(a) Affect or alter the obligation for the approval of a development project that is consistent with an approved community plan to comply with Division 13 (commencing with Section 21000) of the Public Resources Code.

(b) Except as expressly provided in Section 65458.1, preclude or limit an action to attack, review, set aside, void, or annul the approval of a development project that is consistent with an approved community plan pursuant to Section 21167 of the Public Resources Code.

(Added by Stats. 2019, Ch. 269, Sec. 2. (AB 1515) Effective January 1, 2020. Repealed as of January 1, 2025, pursuant to Section 65458.3.)

65458.3.
  

(a) This article shall remain in effect only until January 1, 2025, and as of that date is repealed.

(b) Notwithstanding subdivision (a), the repeal of this article pursuant to this section shall not affect any right or immunity granted pursuant to this article to a development project that meets the requirements specified in Section 65458.1 before January 1, 2025.

(Added by Stats. 2019, Ch. 269, Sec. 2. (AB 1515) Effective January 1, 2020. Repealed as of January 1, 2025, by its own provisions. Note: Repeal affects Article 8.2, commencing with Section 65458.)

GOVGovernment Code - GOV8.2