Repealed and added by Stats. 1984, Ch. 1039, Sec. 2.
As used in this article, unless the context requires otherwise:
California Government Code — §§ 65750-65763
Repealed and added by Stats. 1984, Ch. 1039, Sec. 2.
As used in this article, unless the context requires otherwise:
Amended by Stats. 1984, Ch. 1039, Sec. 3.
Any action to challenge a general plan or any element thereof on the grounds that such plan or element does not substantially comply with the requirements of Article 5 (commencing with Section 65300) shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
Added by Stats. 1982, Ch. 27, Sec. 2.
All actions brought pursuant to Section 65751, including the hearing of any such action on appeal from the decision of a lower court, shall be given preference over all other civil actions before the court in the matter of setting the same for hearing or trial, and in hearing the same, to the end that all such actions shall be speedily heard and determined.
Amended by Stats. 2025, Ch. 526, Sec. 4. (SB 786) Effective January 1, 2026.
on the action or part of an action brought pursuant to Section 65751. The hearing or trial shall be set to be heard at the earliest possible date that the business of the court permits, but not more than 120 days after the filing of a request for hearing under this section. The court may continue the date of the hearing or trial upon written motion and a finding of good cause, or upon the court’s own motion, for no more than 60 days. However, if the court orders a continuance, it shall, upon the written motion of the petitioner and upon the petitioner meeting the requirements of Section 65757, grant the relief provided in Section 65757 as temporary relief. If temporary relief has already been granted, the court shall consider ordering additional temporary relief in light of the continuance. In any order granting temporary relief, the court shall not enjoin any housing developments that comply with applicable
provisions of law and that may be developed without having an impact on the ability of the city, county, or city and county to properly adopt and implement an adequate housing
element.
Amended by Stats. 2025, Ch. 526, Sec. 5. (SB 786) Effective January 1, 2026.
In any order or judgment issued in an action brought to challenge the validity of the general plan of any city, county, or city and county, or any mandatory element thereof, that resolves whether the general plan or any mandatory element of the general plan thereof substantially complies with the requirements of Article 5 (commencing with Section 65300):
or city and county shall bring its general plan or relevant mandatory element
or elements thereof into compliance with the requirements of Article 5 (commencing with Section 65300) within 120 days.
Notwithstanding the provisions of subdivision (b) of Section 65585, the planning agency of the city, county, or city and county shall submit a draft of its revised housing element or housing element amendment at least 45 days prior to its adoption to the Department of Housing and Community Development for its review, notifying the department that the element is subject to the review procedure set forth in this section.
The department shall review the draft element or amendment and report its findings to the planning agency within 45 days of receipt of the draft. The legislative body shall consider the department’s findings prior to final adoption of the housing element or
amendment if the department’s findings are reported to the planning agency within 45 days after the department receives that draft element or amendment.
Added by Stats. 1983, Ch. 911, Sec. 2.
Amended by Stats. 2025, Ch. 526, Sec. 6. (SB 786) Effective January 1, 2026.
shall continue to function as an enforcement agency for review of permit applications for
appropriate codes and standards compliance, prior to the issuance of building permits and other related permits for residential housing for that city, county, or city and county.
where a final subdivision map, parcel map, or plot plan has been approved for the project, where the approval will not impact on the ability of the city, county, or city and county to properly adopt and implement an adequate housing element, and where the permit application conforms to all code requirements and other applicable provisions of law except those zoning laws held to be invalid by the final court order, and changes to the zoning ordinances adopted after such final court order which were enacted for the purpose of preventing the construction of a specific residential development.
final map conforms to the approved tentative map, the tentative map has not expired, and where approval will not impact on the ability of the city, county, or city and county to properly adopt and implement an adequate housing element.
with Section 66410), except those parts which would require disapproval of the project due to the inadequacy of the general plan.
specific plan if the court finds that the approval or undertaking of the action, program, or project complies with both of the following requirements:
The party seeking exclusion from any order or
judgment of a court pursuant to this subdivision shall have the burden of showing that the action, program, or project complies with paragraphs (1) and (2).
shall not be stayed during the pendency of an appeal of an order or judgment rendered pursuant to Section 65754.
Amended by Stats. 1984, Ch. 1039, Sec. 7.
If the court orders a reference of any action brought pursuant to this article or pursuant to any provision of law which grants a court the authority to appoint expert witnesses, monitors, masters, or other third party judicial assistants used in complex litigation, the referee, monitor, master, or third party judicial assistant so appointed shall report their findings to the court within not more than 90 days following that reference.
Amended by Stats. 2025, Ch. 526, Sec. 7. (SB 786) Effective January 1, 2026.
shall be those relevant to whether good cause exists to continue a trial under the California Rules of Court.
Repealed and added by Stats. 1984, Ch. 1039, Sec. 9.
If the court orders any temporary relief in an action or proceeding subject to this article, any party to the action or proceeding may file with the court a written request that the court make a final determination in the action or proceeding, and the court shall thereafter make a final determination and enter judgment within 180 days of the date the request was filed, unless the party who filed the request files a withdrawal of the request with the court prior to the filing by the court of its memorandum of intended decision.
Amended by Stats. 2025, Ch. 526, Sec. 8. (SB 786) Effective January 1, 2026.
pursuant to subdivision (c) of Section 15080 of Title 14 of the California Code of Regulations.
Amended by Stats. 1984, Ch. 1039, Sec. 9.5.
In determining whether a housing development will have an impact on the ability of the city, county, or city and county to properly adopt and implement an adequate housing element, the court shall consider all relevant factors. There is a conclusive presumption that any housing development, 25 percent of which units are affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, can be developed without having an impact on the ability of the city, county, or city and county to properly adopt and implement an adequate housing element, except where the approval of a housing development may prevent the city, county, or city and county from complying with the final judgment of the court.
Added by Stats. 1982, Ch. 27, Sec. 2.
In no event shall any court grant as relief in any action brought pursuant to this article the revocation of any building permits or related permits for the construction of residential housing which has been issued prior to the filing of the complaint in such action.
Nothing in this section shall be construed as a limitation on the ability to bring an action and to grant relief for a violation of Article 10.5 (commencing with Section 65560).
Added by Stats. 1984, Ch. 1039, Sec. 10.
Nothing in this article shall prohibit a court from invalidating any development permit based on failure to comply with the Subdivision Map Act, Division 2 (commencing with Section 66401) of Title 7 of the Government Code, the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code, the Planning and Zoning Law, Title 7 (commencing with Section 65000) of the Government Code, or other applicable laws.
The procedures and remedies set forth in this article shall not be construed to affect the substantive standards of court review of a general plan or of other local government land use decisions. The remedies set forth in this article are interim measures which shall have no application after a general plan has been revised to substantially comply with state law.
Added by Stats. 1984, Ch. 1039, Sec. 11.