September 2019 Update
This update is the result of a thorough review of all included references, relevant California cases, statutes, and administrative regulations decided, enacted, and repealed since the previous update. Among the developments of particular note are the following:
In City of Morgan Hill v Bushey (2019) 5 C5th 1068, the court held that the local electorate may “challenge by referendum a zoning ordinance amendment that changes a property’s zoning designation to comply with a general plan amendment, at least where other consistent zoning options are available, or the local municipality has the power to make the zoning ordinance and general plan consistent through other means.” See §4.23.
Effective January 1, 2019, Govt C §65915 was amended so that at the time an application for a density bonus is deemed complete, a city must provide the applicant a determination as to (1) the amount of the density bonus for which the applicant is eligible; (2) the parking ratio for which the applicant is eligible, if so requested; and (3) whether the applicant has provided sufficient information for the city to make a determination regarding any incentives, concessions, or waivers or reductions of development standards requested by the applicant. See §4.29.
The legislature, once again, has extended the life of tentative maps. The 2019 map extension provides that the life of a tentative map may, in the local agency’s discretion, be extended by up to 24 months if the map (1) was approved on or after January 1, 2006, and not later than July 11, 2013; (2) relates to construction of single-or multi-family housing; (3) had its expiration date extended under the 2015 statutory extension (Govt C §66452.25), meaning this extension applies only in the same counties where the 2015 extension applied; and (4) had not expired on or before the effective date of the extension, January 1, 2019. Govt C §66452.26. See §§5.28, 7.6.
In an effort to ensure that charter cities are required to comply with increasingly stringent policies promoting housing development, the legislature in 2018 amended the Government Code to require that charter cities comply with several state law land use requirements, including that general plans be internally consistent, specific plans be consistent with the general plan, and zoning be consistent with the general plan. Govt C §65700(b). See §6.1.
Government Code §25213 was amended to authorize a county service area to acquire, construct, improve, maintain, and operate broadband Internet access services. See §6A.16.
Government Code §53313.5 was amended to authorize a Mello-Roos district to finance the acquisition, installation, and improvement of energy efficiency, water conservation, wildfire safety improvements and renewable energy improvements that are affixed to or on real property and in buildings, subject to certain limitations. See §6A.57.
In Prout v Department of Transp. (2018) 31 CA5th 200, 214, the court held that Caltrans had impliedly accepted an offer of dedication when it proceeded to install highway improvements on the dedicated property, despite there having been no deed conveying the dedicated property to Caltrans. Evidence supporting the court’s conclusion included that the landowner had never exerted any ownership over the property through payment of taxes or fencing of the property and had taken no steps to revoke his offer, disavow the dedication, or demand compensation until after Caltrans had impliedly accepted the dedication through its installation of improvements on the property. See §10.23.