| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 299Introduced by Senator CabaldonFebruary 10, 2025 An act to amend Sections 25131, 36934, and 65860 of the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTSB 299, as introduced, Cabaldon. Local government: ordinances.Existing law prohibits a county or city from passing an ordinance within five days of introduction and requires the ordinance to be passed at a regular meeting or at an adjourned regular meeting, except that existing law authorizes an urgency ordinance to be passed immediately upon introduction at a regular or special meeting. Existing law requires all ordinances to be read in full at the time of introduction or passage, as specified. Existing law requires nonurgency ordinances that are altered after introduction to be passed at a regular or at an adjourned regular meeting at least five days after alteration, as specified.This bill would instead prohibit a county or city from passing an ordinance within five days of publication, as specified, except that the bill would authorize an urgency ordinance to be passed immediately upon introduction. The bill would remove the other procedures described above.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects.Existing law requires a county or city ordinance to be consistent with the general plan of the county or city, as specified. Existing law requires a zoning ordinance to be amended within a reasonable time in the event that the ordinance becomes inconsistent with the general plan by reason of amendment to the general plan, or to any element of the plan, as specified.This bill would authorize a county or city to deem that the adoption or amendment of a zoning ordinance or related zoning standard to comply with an amended general plan, or amended element of the plan, is subject to a streamlined, ministerial approval process. By establishing a streamlined, ministerial approval process for certain housing developments, this bill would expand the exemption for the ministerial approval of projects under CEQA.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25131 of the Government Code is amended to read:25131. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (b) of Section 25124.(b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote, all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting before the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. This section shall not apply to ordinances which by statute can be passed only after notice and a public hearing. introduction.SEC. 2. Section 36934 of the Government Code is amended to read:36934. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (c) of Section 36933.(b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. introduction.SEC. 3. 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 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).(4) A county or city may deem that the adoption or amendment of a zoning ordinance or related zoning standard to comply with paragraph (1) is subject to a streamlined, ministerial approval process.(d) Notwithstanding Section 65803, this section shall also apply to a charter city. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 299Introduced by Senator CabaldonFebruary 10, 2025 An act to amend Sections 25131, 36934, and 65860 of the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTSB 299, as introduced, Cabaldon. Local government: ordinances.Existing law prohibits a county or city from passing an ordinance within five days of introduction and requires the ordinance to be passed at a regular meeting or at an adjourned regular meeting, except that existing law authorizes an urgency ordinance to be passed immediately upon introduction at a regular or special meeting. Existing law requires all ordinances to be read in full at the time of introduction or passage, as specified. Existing law requires nonurgency ordinances that are altered after introduction to be passed at a regular or at an adjourned regular meeting at least five days after alteration, as specified.This bill would instead prohibit a county or city from passing an ordinance within five days of publication, as specified, except that the bill would authorize an urgency ordinance to be passed immediately upon introduction. The bill would remove the other procedures described above.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects.Existing law requires a county or city ordinance to be consistent with the general plan of the county or city, as specified. Existing law requires a zoning ordinance to be amended within a reasonable time in the event that the ordinance becomes inconsistent with the general plan by reason of amendment to the general plan, or to any element of the plan, as specified.This bill would authorize a county or city to deem that the adoption or amendment of a zoning ordinance or related zoning standard to comply with an amended general plan, or amended element of the plan, is subject to a streamlined, ministerial approval process. By establishing a streamlined, ministerial approval process for certain housing developments, this bill would expand the exemption for the ministerial approval of projects under CEQA.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 12 | 12 | | |
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| 13 | 13 | | No. 299 |
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| 14 | 14 | | |
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| 15 | 15 | | Introduced by Senator CabaldonFebruary 10, 2025 |
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| 16 | 16 | | |
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| 17 | 17 | | Introduced by Senator Cabaldon |
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| 18 | 18 | | February 10, 2025 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Sections 25131, 36934, and 65860 of the Government Code, relating to local government. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 299, as introduced, Cabaldon. Local government: ordinances. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law prohibits a county or city from passing an ordinance within five days of introduction and requires the ordinance to be passed at a regular meeting or at an adjourned regular meeting, except that existing law authorizes an urgency ordinance to be passed immediately upon introduction at a regular or special meeting. Existing law requires all ordinances to be read in full at the time of introduction or passage, as specified. Existing law requires nonurgency ordinances that are altered after introduction to be passed at a regular or at an adjourned regular meeting at least five days after alteration, as specified.This bill would instead prohibit a county or city from passing an ordinance within five days of publication, as specified, except that the bill would authorize an urgency ordinance to be passed immediately upon introduction. The bill would remove the other procedures described above.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects.Existing law requires a county or city ordinance to be consistent with the general plan of the county or city, as specified. Existing law requires a zoning ordinance to be amended within a reasonable time in the event that the ordinance becomes inconsistent with the general plan by reason of amendment to the general plan, or to any element of the plan, as specified.This bill would authorize a county or city to deem that the adoption or amendment of a zoning ordinance or related zoning standard to comply with an amended general plan, or amended element of the plan, is subject to a streamlined, ministerial approval process. By establishing a streamlined, ministerial approval process for certain housing developments, this bill would expand the exemption for the ministerial approval of projects under CEQA. |
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| 30 | 30 | | Existing law prohibits a county or city from passing an ordinance within five days of introduction and requires the ordinance to be passed at a regular meeting or at an adjourned regular meeting, except that existing law authorizes an urgency ordinance to be passed immediately upon introduction at a regular or special meeting. Existing law requires all ordinances to be read in full at the time of introduction or passage, as specified. Existing law requires nonurgency ordinances that are altered after introduction to be passed at a regular or at an adjourned regular meeting at least five days after alteration, as specified. |
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| 32 | 32 | | This bill would instead prohibit a county or city from passing an ordinance within five days of publication, as specified, except that the bill would authorize an urgency ordinance to be passed immediately upon introduction. The bill would remove the other procedures described above. |
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| 33 | 33 | | |
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| 34 | 34 | | The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects. |
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| 35 | 35 | | |
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| 36 | 36 | | Existing law requires a county or city ordinance to be consistent with the general plan of the county or city, as specified. Existing law requires a zoning ordinance to be amended within a reasonable time in the event that the ordinance becomes inconsistent with the general plan by reason of amendment to the general plan, or to any element of the plan, as specified. |
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| 37 | 37 | | |
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| 38 | 38 | | This bill would authorize a county or city to deem that the adoption or amendment of a zoning ordinance or related zoning standard to comply with an amended general plan, or amended element of the plan, is subject to a streamlined, ministerial approval process. By establishing a streamlined, ministerial approval process for certain housing developments, this bill would expand the exemption for the ministerial approval of projects under CEQA. |
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| 40 | 40 | | ## Digest Key |
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| 42 | 42 | | ## Bill Text |
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| 44 | 44 | | The people of the State of California do enact as follows:SECTION 1. Section 25131 of the Government Code is amended to read:25131. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (b) of Section 25124.(b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote, all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting before the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. This section shall not apply to ordinances which by statute can be passed only after notice and a public hearing. introduction.SEC. 2. Section 36934 of the Government Code is amended to read:36934. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (c) of Section 36933.(b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. introduction.SEC. 3. 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 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).(4) A county or city may deem that the adoption or amendment of a zoning ordinance or related zoning standard to comply with paragraph (1) is subject to a streamlined, ministerial approval process.(d) Notwithstanding Section 65803, this section shall also apply to a charter city. |
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| 46 | 46 | | The people of the State of California do enact as follows: |
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| 47 | 47 | | |
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| 48 | 48 | | ## The people of the State of California do enact as follows: |
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| 49 | 49 | | |
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| 50 | 50 | | SECTION 1. Section 25131 of the Government Code is amended to read:25131. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (b) of Section 25124.(b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote, all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting before the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. This section shall not apply to ordinances which by statute can be passed only after notice and a public hearing. introduction. |
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| 52 | 52 | | SECTION 1. Section 25131 of the Government Code is amended to read: |
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| 54 | 54 | | ### SECTION 1. |
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| 56 | 56 | | 25131. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (b) of Section 25124.(b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote, all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting before the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. This section shall not apply to ordinances which by statute can be passed only after notice and a public hearing. introduction. |
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| 57 | 57 | | |
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| 58 | 58 | | 25131. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (b) of Section 25124.(b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote, all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting before the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. This section shall not apply to ordinances which by statute can be passed only after notice and a public hearing. introduction. |
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| 60 | 60 | | 25131. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (b) of Section 25124.(b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote, all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting before the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. This section shall not apply to ordinances which by statute can be passed only after notice and a public hearing. introduction. |
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| 64 | 64 | | 25131. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (b) of Section 25124. |
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| 66 | 66 | | (b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote, all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting before the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. This section shall not apply to ordinances which by statute can be passed only after notice and a public hearing. introduction. |
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| 67 | 67 | | |
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| 68 | 68 | | SEC. 2. Section 36934 of the Government Code is amended to read:36934. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (c) of Section 36933.(b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. introduction. |
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| 70 | 70 | | SEC. 2. Section 36934 of the Government Code is amended to read: |
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| 72 | 72 | | ### SEC. 2. |
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| 74 | 74 | | 36934. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (c) of Section 36933.(b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. introduction. |
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| 76 | 76 | | 36934. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (c) of Section 36933.(b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. introduction. |
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| 78 | 78 | | 36934. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (c) of Section 36933.(b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. introduction. |
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| 82 | 82 | | 36934. Ordinances (a) Except as provided in subdivision (b), an ordinance shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an its publication in accordance with paragraph (1) of subdivision (c) of Section 36933. |
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| 84 | 84 | | (b) An urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. introduction. |
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| 85 | 85 | | |
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| 86 | 86 | | SEC. 3. 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 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).(4) A county or city may deem that the adoption or amendment of a zoning ordinance or related zoning standard to comply with paragraph (1) is subject to a streamlined, ministerial approval process.(d) Notwithstanding Section 65803, this section shall also apply to a charter city. |
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| 87 | 87 | | |
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| 88 | 88 | | SEC. 3. Section 65860 of the Government Code is amended to read: |
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| 89 | 89 | | |
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| 90 | 90 | | ### SEC. 3. |
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| 91 | 91 | | |
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| 92 | 92 | | 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 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).(4) A county or city may deem that the adoption or amendment of a zoning ordinance or related zoning standard to comply with paragraph (1) is subject to a streamlined, ministerial approval process.(d) Notwithstanding Section 65803, this section shall also apply to a charter city. |
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| 93 | 93 | | |
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| 94 | 94 | | 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 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).(4) A county or city may deem that the adoption or amendment of a zoning ordinance or related zoning standard to comply with paragraph (1) is subject to a streamlined, ministerial approval process.(d) Notwithstanding Section 65803, this section shall also apply to a charter city. |
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| 95 | 95 | | |
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| 96 | 96 | | 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 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).(4) A county or city may deem that the adoption or amendment of a zoning ordinance or related zoning standard to comply with paragraph (1) is subject to a streamlined, ministerial approval process.(d) Notwithstanding Section 65803, this section shall also apply to a charter city. |
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| 97 | 97 | | |
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| 98 | 98 | | |
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| 99 | 99 | | |
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| 100 | 100 | | 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: |
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| 101 | 101 | | |
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| 102 | 102 | | (1) The city or county has officially adopted a plan. |
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| 103 | 103 | | |
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| 104 | 104 | | (2) The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan. |
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| 105 | 105 | | |
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| 106 | 106 | | (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: |
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| 107 | 107 | | |
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| 108 | 108 | | (1) The enactment of any new zoning ordinance. |
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| 109 | 109 | | |
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| 110 | 110 | | (2) The amendment of any existing zoning ordinance. |
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| 111 | 111 | | |
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| 112 | 112 | | (3) The failure of a local agency to comply with this section. |
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| 113 | 113 | | |
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| 114 | 114 | | (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. |
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| 115 | 115 | | |
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| 116 | 116 | | (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: |
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| 117 | 117 | | |
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| 118 | 118 | | (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. |
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| 119 | 119 | | |
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| 120 | 120 | | (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. |
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| 121 | 121 | | |
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| 122 | 122 | | (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). |
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| 123 | 123 | | |
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| 124 | 124 | | (4) A county or city may deem that the adoption or amendment of a zoning ordinance or related zoning standard to comply with paragraph (1) is subject to a streamlined, ministerial approval process. |
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| 125 | 125 | | |
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| 126 | 126 | | (d) Notwithstanding Section 65803, this section shall also apply to a charter city. |
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