65009
. (a) (1) The Legislature finds and declares that there
currently is a housing crisis in California and it is essential to
reduce delays and restraints upon expeditiously completing housing
projects.
(2) The Legislature further finds and declares that a legal action
or proceeding challenging a decision of a city, county, or city and
county has a chilling effect on the confidence with which property
owners and local governments can proceed with projects. Legal actions
or proceedings filed to attack, review, set aside, void, or annul a
decision of a city, county, or city and county pursuant to this
division, including, but not limited to, the implementation of
general plan goals and policies that provide incentives for
affordable housing, open-space and recreational opportunities, and
other related public benefits, can prevent the completion of needed
developments even though the projects have received required
governmental approvals.
(3) The purpose of this section is to provide certainty for
property owners and local governments regarding decisions made
pursuant to this division.
(b) (1) In an action or proceeding to attack, review, set aside,
void, or annul a finding, determination, or decision of a public
agency made pursuant to this title at a properly noticed public
hearing, the issues raised shall be limited to those raised in the
public hearing or in written correspondence delivered to the public
agency prior to, or at, the public hearing, except where the court
finds either of the following:
(A) The issue could not have been raised at the public hearing by
persons exercising reasonable diligence.
(B) The body conducting the public hearing prevented the issue
from being raised at the public hearing.
(2) If a public agency desires the provisions of this subdivision
to apply to a matter, it shall include in any public notice issued
pursuant to this title a notice substantially stating all of the
following: "If you challenge the (nature of the proposed action) in
court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in
written correspondence delivered to the (public entity conducting the
hearing) at, or prior to, the public hearing."
(3) The application of this subdivision to causes of action
brought pursuant to subdivision (d) applies only to the final action
taken in response to the notice to the city or clerk of the board of
supervisors. If no final action is taken, then the issue raised in
the cause of action brought pursuant to subdivision (d) shall be
limited to those matters presented at a properly noticed public
hearing or to those matters specified in the notice given to the city
or clerk of the board of supervisors pursuant to subdivision (d), or
both.
(c) (1) Except as provided in subdivision (d), no action or
proceeding shall be maintained in any of the following cases by any
person unless the action or proceeding is commenced and service is
made on the legislative body within 90 days after the legislative
body's decision:
(A) To attack, review, set aside, void, or annul the decision of a
legislative body to adopt or amend a general or specific plan. This
paragraph does not apply where an action is brought based upon the
complete absence of a general plan or a mandatory element thereof,
but does apply to an action attacking a general plan or mandatory
element thereof on the basis that it is inadequate.
(B) To attack, review, set aside, void, or annul the decision of a
legislative body to adopt or amend a zoning ordinance.
(C) To determine the reasonableness, legality, or validity of any
decision to adopt or amend any regulation attached to a specific
plan.
(D) To attack, review, set aside, void, or annul the decision of a
legislative body to adopt, amend, or modify a development agreement.
An action or proceeding to attack, review, set aside, void, or annul
the decisions of a legislative body to adopt, amend, or modify a
development agreement shall only extend to the specific portion of
the development agreement that is the subject of the adoption,
amendment, or modification. This paragraph applies to development
agreements, amendments, and modifications adopted on or after January
1, 1996.
(E) To attack, review, set aside, void, or annul any decision on
the matters listed in Sections 65901 and 65903, or to determine the
reasonableness, legality, or validity of any condition attached to a
variance, conditional use permit, or any other permit.
(F) Concerning any of the proceedings, acts, or determinations
taken, done, or made prior to any of the decisions listed in
subparagraphs (A), (B), (C), (D), and (E).
(2) In the case of an action or proceeding challenging the
adoption or revision of a housing element pursuant to this
subdivision, the action or proceeding may, in addition, be maintained
if it is commenced and service is made on the legislative body
within 60 days following the date that the Department of Housing and
Community Development reports its findings pursuant to subdivision
(h) of Section 65585.
(d) (1) An action or proceeding shall be commenced and the
legislative body served after the accrual of the cause of action as
provided in this subdivision, if the action or proceeding meets both
of the following requirements:
(A) It is brought in support of or to encourage or facilitate the
development of housing that would increase the community's supply of
housing affordable to persons and families with low or moderate
incomes, as defined in Section 50079.5 of the Health and Safety Code,
or with very low incomes, as defined in Section 50105 of the Health
and Safety Code, or middle-income households, as defined in Section
65008 of this code. This subdivision is not intended to require that
the action or proceeding be brought in support of or to encourage or
facilitate a specific housing development project.
(B) It is brought with respect to the adoption or revision of a
housing element pursuant to Article 10.6 (commencing with Section
65580) of Chapter 3, actions taken pursuant to Section 65863.6, or
Chapter 4.2 (commencing with Section 65913), or to challenge the
adequacy of an ordinance adopted pursuant to Section 65915.
(2) (A) An action or proceeding challenging the adoption or
revision of a housing element that the Department of Housing and
Community Development has found to substantially comply with the
requirements of Article 10.6 (commencing with Section 65580) of
Chapter 3 shall be commenced, and the legislative body shall be
served, within six months after the accrual of the cause of action as
provided in this subdivision.
(B) An action or proceeding challenging the adoption or revision
of a housing element that the Department of Housing and Community
Development has found does not substantially comply with the
requirements of Article 10.6 (commencing with Section 65580) of
Chapter 3, where the legislative body has failed to change the draft
element or amendment to substantially comply with the requirements of
Article 10.6 or has adopted the draft element or amendment without
change and made findings pursuant to subdivision (f) of Section
65585, shall be commenced, and the legislative body shall be served,
within one year after the accrual of the cause of action as provided
in this subdivision.
(C) An action or proceeding challenging an action taken pursuant
to Section 65863.6, or Chapter 4.2 (commencing with Section 65913),
or to challenge the adequacy of an ordinance adopted pursuant to
Section 65915 shall be served within 180 days after the accrual of
the cause of action as provided in this subdivision.
(3) (A) A cause of action brought pursuant to this subdivision
shall not be maintained until 60 days have expired following notice
to the city or clerk of the board of supervisors by the party
bringing the cause of action, or his or her representative,
specifying the deficiencies of the general plan, specific plan,
zoning ordinance, or other action described in subparagraph (B) of
paragraph (1). A cause of action brought pursuant to this subdivision
shall accrue 60 days after notice is filed or the legislative body
takes a final action in response to the notice, whichever occurs
first.
(B) This notice may be filed at any time within 270 days after an
action described in subparagraph (A) of paragraph (2), two years
after an action described in subparagraph (B) of paragraph (2), or
180 days after an action described in subparagraph (C) of paragraph
(2).
(4) A notice or cause of action brought by one party pursuant to
this subdivision shall not bar filing of a notice and initiation of a
cause of action by any other party.
(5) After the adoption of a housing element covering the current
planning period, no action shall be filed pursuant to this
subdivision to challenge a housing element covering a prior planning
period.
(e) Upon the expiration of the time limits provided for in this
section, all persons are barred from any further action or
proceeding.
(f) Notwithstanding Sections 65700 and 65803, or any other
provision of law, this section shall apply to charter cities.
(g) Except as provided in subdivision (d), this section shall not
affect any law prescribing or authorizing a shorter period of
limitation than that specified herein.
(h) Except as provided in paragraph (4) of subdivision (c), this
section shall be applicable to those decisions of the legislative
body of a city, county, or city and county made pursuant to this
division on or after January 1, 1984.