JurisdictionCaliforniaCode GOVGovernment Code - GOV
Div.1.
Title 7.DIVISION 1. PLANNING AND ZONING
Ch. 3.CHAPTER 3. Local Planning
Art. 6.ARTICLE 6. Preparation, Adoption, and Amendment of the General Plan
This text of California § 65352. (65352. (Amended by Stats. 2019, Ch. 142, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Before a legislative body takes action to adopt or substantially amend a general plan, the planning agency shall refer the proposed action to all of the following entities:
(1)A city or county, within or abutting the area covered by the proposal, and any special district that may be significantly affected by the proposed action, as determined by the planning agency.
(2)An elementary, high school, or unified school district within the area covered by the proposed action.
(3)The local agency formation commission.
(4)An areawide planning agency whose operations may be
significantly affected by the proposed action, as determined by the planning agency.
(5)A federal agency, if its operations or lands within its jurisdiction may be significantly affected by the proposed action, as
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(a)
Before a legislative body takes action to adopt or substantially amend a general plan, the planning agency shall refer the proposed action to all of the following entities:
(1)
A city or county, within or abutting the area covered by the proposal, and any special district that may be significantly affected by the proposed action, as determined by the planning agency.
(2)
An elementary, high school, or unified school district within the area covered by the proposed action.
(3)
The local agency formation commission.
(4)
An areawide planning agency whose operations may be
significantly affected by the proposed action, as determined by the planning agency.
(5)
A federal agency, if its operations or lands within its jurisdiction may be significantly affected by the proposed action, as determined by the planning agency.
(6)
The branches of the United States Armed Forces that have provided the Office of Planning and Research with a military point of contact pursuant to subdivision (d) of Section 65944, if the proposed action is within 1,000 feet of a military installation, or lies within special use airspace, or beneath a low-level flight path, as defined in Section 21098 of the Public Resources Code.
(7)
A public water system, as defined in Section 116275 of the Health
and Safety Code, with 3,000 or more service connections, that serves water to customers within the area covered by the proposal. The public water system shall have at least 45 days to comment on the proposed plan, in accordance with subdivision (b), and to provide the planning agency with the information set forth in Section 65352.5.
(8)
Any groundwater sustainability agency that has adopted a groundwater sustainability plan pursuant to Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code or local agency that otherwise manages groundwater pursuant to other provisions of law or a court order, judgment, or decree within the planning area of the proposed general plan.
(9)
The State Water Resources Control Board, if it has adopted an interim plan pursuant to
Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6 of the Water Code that includes territory within the planning area of the proposed general plan.
(10)
The Bay Area Air Quality Management District for a proposed action within the boundaries of the district.
(11)
A California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city’s or county’s jurisdiction.
(12)
The Central Valley Flood Protection Board for a proposed action within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code.
(13)
(A)
The State Board of Forestry and Fire Protection and every local agency that provides fire protection to territory in the city or county, if the proposed action includes either of the following:
(i)
The adoption or amendment of the safety element of its general plan for any county that contains a state responsibility area.
(ii)
The adoption or amendment of the safety element of its general plan for any city or county that contains a very high fire hazard severity zone, as defined in subdivision (i) of Section 51177.
(B)
A referral made pursuant to this paragraph shall be made no later than the date on which the county or city sends notice of preparation pursuant to Section 21080.4
of the Public Resources Code, if any, for the project.
(b)
An entity receiving a proposed general plan or amendment of a general plan pursuant to this section shall have 45 days from the date the referring agency mails it or delivers it to comment unless a longer period is specified by the planning agency.
(c)
(1)
This section is directory, not mandatory, and the failure to refer a proposed action to the entities specified in this section does not affect the validity of the action, if adopted.
(2)
To the extent that the requirements of this section conflict with the requirements of Chapter 4.4 (commencing with Section 65919), the requirements of Chapter 4.4 shall
prevail.