Section 669.5 Of Article 4. Presumptions Affecting The Burden Of Proof From California Evidence Code >> Division 5. >> Chapter 3. >> Article 4.
669.5
. (a) Any ordinance enacted by the governing body of a city,
county, or city and county which (1) directly limits, by number, the
building permits that may be issued for residential construction or
the buildable lots which may be developed for residential purposes,
or (2) changes the standards of residential development on vacant
land so that the governing body's zoning is rendered in violation of
Section 65913.1 of the Government Code is presumed to have an impact
on the supply of residential units available in an area which
includes territory outside the jurisdiction of the city, county, or
city and county.
(b) With respect to any action which challenges the validity of an
ordinance specified in subdivision (a) the city, county, or city and
county enacting the ordinance shall bear the burden of proof that
the ordinance is necessary for the protection of the public health,
safety, or welfare of the population of the city, county, or city and
county.
(c) This section does not apply to state and federal building code
requirements or local ordinances which (1) impose a moratorium, to
protect the public health and safety, on residential construction for
a specified period of time, if, under the terms of the ordinance,
the moratorium will cease when the public health or safety is no
longer jeopardized by the construction, (2) create agricultural
preserves under Chapter 7 (commencing with Section 51200) of Part 1
of Division 1 of Title 5 of the Government Code, or (3) restrict the
number of buildable parcels or designate lands within a zone for
nonresidential uses in order to protect agricultural uses as defined
in subdivision (b) of Section 51201 of the Government Code or
open-space land as defined in subdivision (b) of Section 65560 of the
Government Code.
(d) This section shall not apply to a voter approved ordinance
adopted by referendum or initiative prior to the effective date of
this section which (1) requires the city, county, or city and county
to establish a population growth limit which represents its fair
share of each year's statewide population growth, or (2) which sets a
growth rate of no more than the average population growth rate
experienced by the state as a whole. Paragraph (2) of subdivision (a)
does not apply to a voter-approved ordinance adopted by referendum
or initiative which exempts housing affordable to persons and
families of low or moderate income, as defined in Section 50093 of
the Health and Safety Code, or which otherwise provides low- and
moderate-income housing sites equivalent to such an exemption.