California Planning and Zoning Statutes
Government Code §§65000–66301, Amended 2019
Table of Contents
These statutes requires all localities to permit accessory dwelling units (ADUs) by-right or subject to ministerial approval on any lot zoned for residential use and containing an existing single-family home.
The law establishes the rationale for this requirement (§65852.150). It describes what local ADU ordinances can regulate, stipulates how localities must treat applications that conform to state standards, establishes conditions where ADUs are exempt from off-street parking requirements, addresses fees for ADU construction, authorizes ordinances that are less restrictive than state standards, requires localities to submit their ordinances to the state, and defines several terms (§65852.2). The law includes a separate preemption of local ordinances that prohibit or require a discretionary approval for internal “junior” ADUs of 500 ft2 or less with a kitchenette (§65852.22).
These statutes require capital projects to conform with the local comprehensive plan (§§65401–65403). It requires special-purpose units of government to submit CIPs to the local city or county for review before adoption.
California’s planning enabling statute requires comprehensive plans to include a conservation element to address natural resources (§65302(d)). Comprehensive plans must address conservation development, and utilization of forests, rivers, water bodies, wildlife, and mineral areas. Optional components include reclamation of land and water, pollution prevention, and watershed protection (§65302(d)(2)). Additionally, the statute requires identification of waterways, flood corridors, riparian habitats, and groundwater recharge areas (§65302(d)(3)).
Palm Desert's Comprehensive General Plan includes a conservation element, as required by this statute.
These statutes require cities and counties in California to form planning commissions; prepare, adopt, and amend comprehensive plans for the land within its jurisdiction and any land outside the municipal boundaries that bears relation to planning within the boundaries of the city or county. Individual sections address provisions and requirements for regional planning districts (§§65060-65069.5), local planning (§§65100-65763), and zoning regulations (§§65800-65912).
City and county zoning ordinances are required to be consistent with the general plan (§65860).
California’s planning enabling statute specifies that land use elements in comprehensive plans should include information on areas for enjoyment of scenic beauty (§65302(a)).