§ 65860. — 65860. (Amended by Stats. 2023, Ch. 748, Sec. 1.)

California § 65860.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 1.
• Title 7.: DIVISION 1. PLANNING AND ZONING
• Ch. 4.: CHAPTER 4. Zoning Regulations
• Art. 2.: ARTICLE 2. Adoption of Regulations

Text

(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 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)
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 this section. An 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. An action or proceeding shall not be maintained pursuant to this section by a person unless the action or proceeding is commenced and service is made on the legislative body within 90 days of any of the following:
(1)
The enactment of any new zoning ordinance.
(2)
The amendment of any existing zoning ordinance.
(3)
The failure of a local agency to comply with this section.
(c)
(1)
In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the general 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.
(2)
If a zoning ordinance becomes inconsistent with the general plan due to amendment to the general plan or to any element of the general plan, and a local agency receives a development application for a project that is not subject to Section 65589.5 and that is consistent with the general plan, but inconsistent with the zoning ordinance, the local agency shall do one of the following:
(A)
For any provision of the zoning ordinance that is applicable to the proposed development and inconsistent with the general plan, amend the zoning ordinance within 180 days from the receipt of the development application to be consistent with the general plan.
(B)
Process the development application in accordance with all applicable laws.
When processing the development application, the local agency shall apply the objective general plan standards, but not inconsistent zoning standards, to the proposed development project to facilitate and accommodate development at the density allowed on the site by the general plan. A proposed development shall not be deemed inconsistent with any zoning ordinance or related zoning standard or criteria and shall not be required to be rezoned to accommodate the proposed development, if there is substantial evidence that would allow a reasonable person to conclude that the proposed development is consistent with objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan. The objective general plan standards shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the development project.
(3)
If a local agency fails
to amend the zoning ordinance within 180 days from the receipt of the development application pursuant to subparagraph (A) of paragraph (2), the local agency shall process the development application pursuant to subparagraph (B) of paragraph (2).
(d)
Notwithstanding Section 65803, this section shall also apply to a charter city.

Legislative History

Amended by Stats. 2023, Ch. 748, Sec. 1. (AB 821) Effective January 1, 2024.