Bill Text: CA SB808 | 2011-2012 | Regular Session | Introduced
Bill Title: Land use and planning: cause of action: time limitations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB808 Detail]
Download: California-2011-SB808-Introduced.html
BILL NUMBER: SB 808 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hancock
FEBRUARY 18, 2011
An act to amend Section 65009 of the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 808, as introduced, Hancock. Land use and planning: cause of
action: time limitations.
Existing law, the Planning and Zoning Law, requires an action or
proceeding against local zoning and planning decisions of a
legislative body to be commenced and the legislative body to be
served within a year of accrual of the cause of action if it meets
certain requirements. Where the action or proceeding is brought in
support of or to encourage or facilitate the development of housing
that would increase the community's supply of affordable housing, a
cause of action accrues 60 days after notice is filed or the
legislative body takes a final action in response to the notice,
whichever occurs first.
This bill would make technical, nonsubstantive changes to these
provisions of law.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65009 of the Government Code is amended to
read:
65009. (a) (1) The Legislature finds and declares that there
currently is a housing crisis in California and it is essential to
reduce delays and restraints upon expeditiously completing housing
projects.
(2) The Legislature further finds and declares that a legal action
or proceeding challenging a decision of a city, county, or city and
county has a chilling effect on the confidence with which property
owners and local governments can proceed with projects. Legal actions
or proceedings filed to attack, review, set aside, void, or annul a
decision of a city, county, or city and county pursuant to this
division, including, but not limited to, the implementation of
general plan goals and policies that provide incentives for
affordable housing, open-space and recreational opportunities, and
other related public benefits, can prevent the completion of needed
developments even though the projects have received required
governmental approvals.
(3) The purpose of this section is to provide certainty for
property owners and local governments regarding the
decisions made pursuant to this division.
(b) (1) In an action or proceeding to attack, review, set aside,
void, or annul a finding, determination, or decision of a public
agency made pursuant to this title at a properly noticed public
hearing, the issues raised shall be limited to those raised in the
public hearing or in written correspondence delivered to the public
agency prior to, or at, the public hearing, except where the court
finds either of the following:
(A) The issue could not have been raised at the public hearing by
persons exercising reasonable diligence.
(B) The body conducting the public hearing prevented the issue
from being raised at the public hearing.
(2) If a public agency desires the provisions of this subdivision
to apply to a matter, it shall include in any public notice issued
pursuant to this title a notice substantially stating all of the
following: "If you challenge the (nature of the proposed action) in
court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in
written correspondence delivered to the (public entity conducting the
hearing) at, or prior to, the public hearing."
(3) The application of this subdivision to causes of action
brought pursuant to subdivision (d) applies
shall apply only to the final action taken in response to the
notice to the city or clerk of the board of supervisors. If no final
action is taken, then the issue raised in the cause of action brought
pursuant to subdivision (d) shall be limited to those matters
presented at a properly noticed public hearing or to those matters
specified in the notice given to the city or clerk of the board of
supervisors pursuant to subdivision (d), or both.
(c) (1) Except as provided in subdivision (d), no action or
proceeding shall be maintained in any of the following cases by any
person unless the action or proceeding is commenced and service is
made on the legislative body within 90 days after the decision
of the legislative body's decision body
:
(A) To attack, review, set aside, void, or annul the decision of a
legislative body to adopt or amend a general or specific plan. This
paragraph does not apply where an action is brought based upon the
complete absence of a general plan or a mandatory element thereof,
but does apply to an action attacking a general plan or mandatory
element thereof on the basis that it is inadequate.
(B) To attack, review, set aside, void, or annul the decision of a
legislative body to adopt or amend a zoning ordinance.
(C) To determine the reasonableness, legality, or validity of any
decision to adopt or amend any regulation attached to a specific
plan.
(D) To attack, review, set aside, void, or annul the decision of a
legislative body to adopt, amend, or modify a development agreement.
An action or proceeding to attack, review, set aside, void, or annul
the decisions of a legislative body to adopt, amend, or modify a
development agreement shall only extend to the specific portion of
the development agreement that is the subject of the adoption,
amendment, or modification. This paragraph applies to development
agreements, amendments, and modifications adopted on or after January
1, 1996.
(E) To attack, review, set aside, void, or annul any decision on
the matters listed in Sections 65901 and 65903, or to determine the
reasonableness, legality, or validity of any condition attached to a
variance, conditional use permit, or any other permit.
(F) Concerning any of the proceedings, acts, or determinations
taken, done, or made prior to any of the decisions listed in
subparagraphs (A), (B), (C), (D), and (E).
(2) In the case of an action or proceeding challenging the
adoption or revision of a housing element pursuant to this
subdivision, the action or proceeding may, in addition, be maintained
if it is commenced and service is made on the legislative body
within 60 days following the date that the Department of Housing and
Community Development reports its findings pursuant to subdivision
(h) of Section 65585.
(d) An action or proceeding shall be commenced
commence and the legislative body served within one year
after the accrual of the cause of action as provided in this
subdivision, if the action or proceeding meets both of the following
requirements:
(1) It is brought in support of or to encourage or facilitate the
development of housing that would increase the community's supply of
housing affordable to persons and families with low or moderate
incomes, as defined in Section 50079.5 of the Health and Safety Code,
or with very low incomes, as defined in Section 50105 of the Health
and Safety Code, or middle-income households, as defined in Section
65008 of this code. This subdivision is not intended to require that
the action or proceeding be brought in support of or to encourage or
facilitate a specific housing development project.
(2) It is brought with respect to actions taken pursuant to
Article 10.6 (commencing with Section 65580) of Chapter 3 of this
division, pursuant to Section 65589.5, 65863.6, 65915, or 66474.2 or
pursuant to Chapter 4.2 (commencing with Section 65913).
A cause of action brought pursuant to this subdivision shall not
be maintained until 60 days have expired following notice to the city
or clerk of the board of supervisors by the party bringing the cause
of action, or his or her representative, specifying the deficiencies
of the general plan, specific plan, or zoning ordinance. A cause of
action brought pursuant to this subdivision shall accrue 60 days
after notice is filed or the legislative body takes a final action in
response to the notice, whichever occurs first. A notice or cause of
action brought by one party pursuant to this subdivision shall not
bar filing of a notice and initiation of a cause of action by any
other party.
(e) Upon the expiration of the time limits provided for in this
section, all persons are barred from any further action or
proceeding.
(f) Notwithstanding Sections 65700 and 65803, or any other
provision of law, this section shall apply to charter cities.
(g) Except as provided in subdivision (d), this section shall not
affect any law prescribing or authorizing a shorter period of
limitation than that specified herein.
(h) Except as provided in paragraph (4) of subdivision (c), this
section shall be applicable to those decisions of the legislative
body of a city, county, or city and county made pursuant to this
division on or after January 1, 1984.
