State Codes and Statutes

Statutes > California > Gov > 65940-65945.7

GOVERNMENT CODE
SECTION 65940-65945.7



65940.  (a) Each state agency and each local agency shall compile
one or more lists that shall specify in detail the information that
will be required from any applicant for a development project. Each
local agency shall revise the list of information required from an
applicant to include a certification of compliance with Section
65962.5, and the statement of application required by Section 65943.
Copies of the information, including the statement of application
required by Section 65943, shall be made available to all applicants
for development projects and to any person who requests the
information.
   (b) (1) The list of information required from any applicant shall
include, where applicable, identification of whether the proposed
project is located within 1,000 feet of a military installation,
beneath a low-level flight path or within special use airspace as
defined in Section 21098 of the Public Resources Code, and within an
urbanized area as defined in Section 65944.
   (2) The information described in paragraph (1) shall be based on
information provided by the Office of Planning and Research pursuant
to paragraph (2) of subdivision (d) as of the date of the
application. Cities, counties, and cities and counties shall comply
with paragraph (1) within 30 days of receiving this notice from the
office.
   (c) (1) A city, county, or city and county that is not beneath a
low-level flight path or not within special use airspace and does not
contain a military installation is not required to change its list
of information required from applicants to comply with subdivision
(b).
   (2) A city, county, or city and county that is entirely urbanized,
as defined in subdivision (e) of Section 65944, with the exception
of a jurisdiction that contains a military installation, is not
required to change its list of information required from applicants
to comply with subdivision (b).
   (d) (1) Subdivision (b) as it relates to the identification of
special use airspace, low-level flight paths, military installations,
and urbanized areas shall not be operative until the United States
Department of Defense provides electronic maps of low-level flight
paths, special use airspace, and military installations, at a scale
and in an electronic format that is acceptable to the Office of
Planning and Research.
   (2) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet.




65940.5.  (a) No list compiled pursuant to Section 65940 shall
include an extension or waiver of the time periods prescribed by this
chapter within which a state or local agency shall act upon an
application for a development project.
   (b) No application shall be deemed incomplete for lack of an
extension or waiver of time periods prescribed by this chapter within
which a state or local government agency shall act upon the
application.
   (c) Except for the extension of the time limits pursuant to
Section 65950.1, no public agency shall require an extension or
waiver of the time limits contained in this chapter as a condition of
accepting or processing the application for a development project.



65941.  (a) The information compiled pursuant to Section 65940 shall
also indicate the criteria which the agency will apply in order to
determine the completeness of any application submitted to it for a
development project.
   (b) If a public agency is a lead or responsible agency for
purposes of the California Environmental Quality Act, Division 13
(commencing with Section 21000) of the Public Resources Code, that
criteria shall not require the applicant to submit the informational
equivalent of an environmental impact report as part of a complete
application, or to otherwise require proof of compliance with that
act as a prerequisite to a permit application being deemed complete.
However, that criteria may require sufficient information to permit
the agency to make the determination required by Section 21080.1 of
the Public Resources Code.
   (c) Consistent with this chapter, a responsible agency shall, at
the request of the applicant, commence processing a permit
application for a development project prior to final action on the
project by a lead agency to the extent that the information necessary
to commence the processing is available. For purposes of this
subdivision, "lead agency" and "responsible agency" shall have the
same meaning as those terms are defined in Section 21067 of the
Public Resources Code and Section 21069 of the Public Resources Code,
respectively.



65941.5.  Each public agency shall notify applicants for development
permits of the time limits established for the review and approval
of development permits pursuant to Article 3 (commencing with Section
65940) and Article 5 (commencing with Section 65950), of the
requirements of subdivision (e) of Section 65962.5, and of the public
notice distribution requirements under applicable provisions of law.
The public agency shall also notify applicants regarding the
provisions of Section 65961. The public agency may charge applicants
a reasonable fee not to exceed the amount reasonably necessary to
provide the service required by this section. If a fee is charged
pursuant to this section, the fee shall be collected as part of the
application fee charged for the development permit.



65942.  The information and the criteria specified in Sections
65940, 65941, 65941.5 shall be revised as needed so that they shall
be current and accurate at all times. Any revisions shall apply
prospectively only and shall not be a basis for determining that an
application is not complete pursuant to Section 65943 if the
application was received before the revision is effective except for
revisions for the following reasons resulting from the conditions
which were not known and could not have been known by the public
agency at the time the application was received:
   (a) To provide sufficient information to permit the public agency
to make the determination required by Section 21080.1 of the Public
Resources Code, as provided by Section 65941.
   (b) To comply with the enactment of new or revised federal, state,
or local requirements, except for new or revised requirements of a
local agency which is also the lead agency.



65943.  (a) Not later than 30 calendar days after any public agency
has received an application for a development project, the agency
shall determine in writing whether the application is complete and
shall immediately transmit the determination to the applicant for the
development project. If the written determination is not made within
30 days after receipt of the application, and the application
includes a statement that it is an application for a development
permit, the application shall be deemed complete for purposes of this
chapter. Upon receipt of any resubmittal of the application, a new
30-day period shall begin, during which the public agency shall
determine the completeness of the application. If the application is
determined not to be complete, the agency's determination shall
specify those parts of the application which are incomplete and shall
indicate the manner in which they can be made complete, including a
list and thorough description of the specific information needed to
complete the application. The applicant shall submit materials to the
public agency in response to the list and description.
   (b) Not later than 30 calendar days after receipt of the submitted
materials, the public agency shall determine in writing whether they
are complete and shall immediately transmit that determination to
the applicant. If the written determination is not made within that
30-day period, the application together with the submitted materials
shall be deemed complete for purposes of this chapter.
   (c) If the application together with the submitted materials are
determined not to be complete pursuant to subdivision (b), the public
agency shall provide a process for the applicant to appeal that
decision in writing to the governing body of the agency or, if there
is no governing body, to the director of the agency, as provided by
that agency. A city or county shall provide that the right of appeal
is to the governing body or, at their option, the planning
commission, or both.
   There shall be a final written determination by the agency on the
appeal not later than 60 calendar days after receipt of the applicant'
s written appeal. The fact that an appeal is permitted to both the
planning commission and to the governing body does not extend the
60-day period. Notwithstanding a decision pursuant to subdivision (b)
that the application and submitted materials are not complete, if
the final written determination on the appeal is not made within that
60-day period, the application with the submitted materials shall be
deemed complete for the purposes of this chapter.
   (d) Nothing in this section precludes an applicant and a public
agency from mutually agreeing to an extension of any time limit
provided by this section.
   (e) A public agency may charge applicants a fee not to exceed the
amount reasonably necessary to provide the service required by this
section. If a fee is charged pursuant to this section, the fee shall
be collected as part of the application fee charged for the
development permit.



65943.5.  (a) Notwithstanding any other provision of this chapter,
any appeal pursuant to subdivision (c) of Section 65943 involving a
permit application to a board, office, or department within the
California Environmental Protection Agency shall be made to the
Secretary for Environmental Protection.
   (b) Notwithstanding any other provision of this chapter, any
appeal pursuant to subdivision (c) of Section 65943 involving an
application for the issuance of an environmental permit from an
environmental agency shall be made to the Secretary for Environmental
Protection under either of the following circumstances:
   (1) The environmental agency has not adopted an appeals process
pursuant to subdivision (c) of Section 65943.
   (2) The environmental agency declines to accept an appeal for a
decision pursuant to subdivision (c) of Section 65943.
   (c) For purposes of subdivision (b), "environmental permit" has
the same meaning as defined in Section 71012 of the Public Resources
Code, and "environmental agency" has the same meaning as defined in
Section 71011 of the Public Resources Code, except that
"environmental agency" does not include the agencies described in
subdivisions (c) and (h) of Section 71011 of the Public Resources
Code.


65944.  (a) After a public agency accepts an application as
complete, the agency shall not subsequently request of an applicant
any new or additional information which was not specified in the list
prepared pursuant to Section 65940. The agency may, in the course of
processing the application, request the applicant to clarify,
amplify, correct, or otherwise supplement the information required
for the application.
   (b) The provisions of subdivision (a) shall not be construed as
requiring an applicant to submit with his or her initial application
the entirety of the information which a public agency may require in
order to take final action on the application. Prior to accepting an
application, each public agency shall inform the applicant of any
information included in the list prepared pursuant to Section 65940
which will subsequently be required from the applicant in order to
complete final action on the application.
   (c) This section shall not be construed as limiting the ability of
a public agency to request and obtain information which may be
needed in order to comply with the provisions of Division 13
(commencing with Section 21000) of the Public Resources Code.
   (d) (1) After a public agency accepts an application as complete,
and if the project applicant has identified that the proposed project
is located within 1,000 feet of a military installation or within
special use airspace or beneath a low-level flight path in accordance
with Section 65940, the public agency shall provide a copy of the
complete application to any branch of the United States Armed Forces
that has provided the Office of Planning and Research with a single
California mailing address within the state for the delivery of a
copy of these applications. This subdivision shall apply only to
development applications submitted to a public agency 30 days after
the Office of Planning and Research has notified cities, counties,
and cities and counties of the availability of Department of Defense
information on the Internet pursuant to subdivision (d) of Section
65940.
   (2) Except for a project within 1,000 feet of a military
installation, the public agency is not required to provide a copy of
the application if the project is located entirely in an "urbanized
area." An urbanized area is any urban location that meets the
definition used by the United State Department of Commerce's Bureau
of Census for "urban" and includes locations with core census block
groups containing at least 1,000 people per square mile and
surrounding census block groups containing at least 500 people per
square mile.
   (e) Upon receipt of a copy of the application as required in
subdivision (d), any branch of the United States Armed Forces may
request consultation with the public agency and the project applicant
to discuss the effects of the proposed project on military
installations, low-level flight paths, or special use airspace, and
potential alternatives and mitigation measures.
   (f) (1) Subdivisions (d), (e), and (f) as these relate to
low-level flight paths, special use airspace, and urbanized areas
shall not be operative until the United States Department of Defense
provides electronic maps of low-level flight paths, special use
airspace, and military installations, at a scale and in an electronic
format that is acceptable to the Office of Planning and Research.
   (2) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet. Cities, counties,
and cities and counties shall comply with subdivision (d) within 30
days of receiving this notice from the office.



65945.  (a) At the time of filing an application for a development
permit with a city or county, the city or county shall inform the
applicant that he or she may make a written request to receive notice
from the city or county of a proposal to adopt or amend any of the
following plans or ordinances:
   (1) A general plan.
   (2) A specific plan.
   (3) A zoning ordinance.
   (4) An ordinance affecting building permits or grading permits.
   The applicant shall specify, in the written request, the types of
proposed action for which notice is requested. Prior to taking any of
those actions, the city or county shall give notice to any applicant
who has requested notice of the type of action proposed and whose
development project is pending before the city or county if the city
or county determines that the proposal is reasonably related to the
applicant's request for the development permit. Notice shall be given
only for those types of actions which the applicant specifies in the
request for notification.
   The city or county may charge the applicant for a development
permit, to whom notice is provided pursuant to this subdivision, a
reasonable fee not to exceed the actual cost of providing that
notice. If a fee is charged pursuant to this subdivision, the fee
shall be collected as part of the application fee charged for the
development permit.
   (b) As an alternative to the notification procedure prescribed by
subdivision (a), a city or county may inform the applicant at the
time of filing an application for a development permit that he or she
may subscribe to a periodically updated notice or set of notices
from the city or county which lists pending proposals to adopt or
amend any of the plans or ordinances specified in subdivision (a),
together with the status of the proposal and the date of any hearings
thereon which have been set.
   Only those proposals which are general, as opposed to
parcel-specific in nature, and which the city or county determines
are reasonably related to requests for development permits, need be
listed in the notice. No proposal shall be required to be listed
until such time as the first public hearing thereon has been set. The
notice shall be updated and mailed at least once every six weeks;
except that a notice need not be updated and mailed until a change in
its contents is required.
   The city or county may charge the applicant for a development
permit, to whom notice is provided pursuant to this subdivision, a
reasonable fee not to exceed the actual cost of providing that
notice, including the costs of updating the notice, for the length of
time the applicant requests to be sent the notice or notices.



65945.3.  At the time of filing an application for a development
permit with a local agency, other than a city or county, the local
agency shall inform the applicant that he or she may make a written
request to receive notice of any proposal to adopt or amend a rule or
regulation affecting the issuance of development permits.
   Prior to adopting or amending any such rule or regulation, the
local agency shall give notice to any applicant who has requested
such notice and whose development project is pending before the
agency if the local agency determines that the proposal is reasonably
related to the applicant's request for the development permit.
   The local agency may charge the applicant for a development
permit, to whom notice is provided pursuant to this section, a
reasonable fee not to exceed the actual cost of providing that
notice. If a fee is charged pursuant to this section, the fee shall
be collected as part of the application fee charged for the
development permit.



65945.5.  At the time of filing an application for a development
permit with a state agency, the state agency shall inform the
applicant that he or she may make a written request to receive notice
of any proposal to adopt or amend a regulation affecting the
issuance of development permits and which implements a statutory
provision.
   Prior to adopting or amending any such regulation, the state
agency shall give notice to any applicant who has requested such
notice and whose development project is pending before the state
agency if the state agency determines that the proposal is reasonably
related to the applicant's request for the development permit.




65945.7.  No action, inaction, or recommendation regarding any
ordinance, rule, or regulation subject to this Section 65945,
65945.3, or 65945.5 by any legislative body, administrative body, or
the officials of any state or local agency shall be held void or
invalid or be set aside by any court on the ground of any error,
irregularity, informality, neglect or omission (hereinafter called
"error") as to any matter pertaining to notices, records,
determinations, publications or any matters of procedure whatever,
unless after an examination of the entire case, including evidence,
the court shall be of the opinion that the error complained of was
prejudicial, and that by reason of such error the party complaining
or appealing sustained and suffered substantial injury, and that a
different result would have been probable if such error had not
occurred or existed. There shall be no presumption that error is
prejudicial or that injury was done if error is shown.


State Codes and Statutes

Statutes > California > Gov > 65940-65945.7

GOVERNMENT CODE
SECTION 65940-65945.7



65940.  (a) Each state agency and each local agency shall compile
one or more lists that shall specify in detail the information that
will be required from any applicant for a development project. Each
local agency shall revise the list of information required from an
applicant to include a certification of compliance with Section
65962.5, and the statement of application required by Section 65943.
Copies of the information, including the statement of application
required by Section 65943, shall be made available to all applicants
for development projects and to any person who requests the
information.
   (b) (1) The list of information required from any applicant shall
include, where applicable, identification of whether the proposed
project is located within 1,000 feet of a military installation,
beneath a low-level flight path or within special use airspace as
defined in Section 21098 of the Public Resources Code, and within an
urbanized area as defined in Section 65944.
   (2) The information described in paragraph (1) shall be based on
information provided by the Office of Planning and Research pursuant
to paragraph (2) of subdivision (d) as of the date of the
application. Cities, counties, and cities and counties shall comply
with paragraph (1) within 30 days of receiving this notice from the
office.
   (c) (1) A city, county, or city and county that is not beneath a
low-level flight path or not within special use airspace and does not
contain a military installation is not required to change its list
of information required from applicants to comply with subdivision
(b).
   (2) A city, county, or city and county that is entirely urbanized,
as defined in subdivision (e) of Section 65944, with the exception
of a jurisdiction that contains a military installation, is not
required to change its list of information required from applicants
to comply with subdivision (b).
   (d) (1) Subdivision (b) as it relates to the identification of
special use airspace, low-level flight paths, military installations,
and urbanized areas shall not be operative until the United States
Department of Defense provides electronic maps of low-level flight
paths, special use airspace, and military installations, at a scale
and in an electronic format that is acceptable to the Office of
Planning and Research.
   (2) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet.




65940.5.  (a) No list compiled pursuant to Section 65940 shall
include an extension or waiver of the time periods prescribed by this
chapter within which a state or local agency shall act upon an
application for a development project.
   (b) No application shall be deemed incomplete for lack of an
extension or waiver of time periods prescribed by this chapter within
which a state or local government agency shall act upon the
application.
   (c) Except for the extension of the time limits pursuant to
Section 65950.1, no public agency shall require an extension or
waiver of the time limits contained in this chapter as a condition of
accepting or processing the application for a development project.



65941.  (a) The information compiled pursuant to Section 65940 shall
also indicate the criteria which the agency will apply in order to
determine the completeness of any application submitted to it for a
development project.
   (b) If a public agency is a lead or responsible agency for
purposes of the California Environmental Quality Act, Division 13
(commencing with Section 21000) of the Public Resources Code, that
criteria shall not require the applicant to submit the informational
equivalent of an environmental impact report as part of a complete
application, or to otherwise require proof of compliance with that
act as a prerequisite to a permit application being deemed complete.
However, that criteria may require sufficient information to permit
the agency to make the determination required by Section 21080.1 of
the Public Resources Code.
   (c) Consistent with this chapter, a responsible agency shall, at
the request of the applicant, commence processing a permit
application for a development project prior to final action on the
project by a lead agency to the extent that the information necessary
to commence the processing is available. For purposes of this
subdivision, "lead agency" and "responsible agency" shall have the
same meaning as those terms are defined in Section 21067 of the
Public Resources Code and Section 21069 of the Public Resources Code,
respectively.



65941.5.  Each public agency shall notify applicants for development
permits of the time limits established for the review and approval
of development permits pursuant to Article 3 (commencing with Section
65940) and Article 5 (commencing with Section 65950), of the
requirements of subdivision (e) of Section 65962.5, and of the public
notice distribution requirements under applicable provisions of law.
The public agency shall also notify applicants regarding the
provisions of Section 65961. The public agency may charge applicants
a reasonable fee not to exceed the amount reasonably necessary to
provide the service required by this section. If a fee is charged
pursuant to this section, the fee shall be collected as part of the
application fee charged for the development permit.



65942.  The information and the criteria specified in Sections
65940, 65941, 65941.5 shall be revised as needed so that they shall
be current and accurate at all times. Any revisions shall apply
prospectively only and shall not be a basis for determining that an
application is not complete pursuant to Section 65943 if the
application was received before the revision is effective except for
revisions for the following reasons resulting from the conditions
which were not known and could not have been known by the public
agency at the time the application was received:
   (a) To provide sufficient information to permit the public agency
to make the determination required by Section 21080.1 of the Public
Resources Code, as provided by Section 65941.
   (b) To comply with the enactment of new or revised federal, state,
or local requirements, except for new or revised requirements of a
local agency which is also the lead agency.



65943.  (a) Not later than 30 calendar days after any public agency
has received an application for a development project, the agency
shall determine in writing whether the application is complete and
shall immediately transmit the determination to the applicant for the
development project. If the written determination is not made within
30 days after receipt of the application, and the application
includes a statement that it is an application for a development
permit, the application shall be deemed complete for purposes of this
chapter. Upon receipt of any resubmittal of the application, a new
30-day period shall begin, during which the public agency shall
determine the completeness of the application. If the application is
determined not to be complete, the agency's determination shall
specify those parts of the application which are incomplete and shall
indicate the manner in which they can be made complete, including a
list and thorough description of the specific information needed to
complete the application. The applicant shall submit materials to the
public agency in response to the list and description.
   (b) Not later than 30 calendar days after receipt of the submitted
materials, the public agency shall determine in writing whether they
are complete and shall immediately transmit that determination to
the applicant. If the written determination is not made within that
30-day period, the application together with the submitted materials
shall be deemed complete for purposes of this chapter.
   (c) If the application together with the submitted materials are
determined not to be complete pursuant to subdivision (b), the public
agency shall provide a process for the applicant to appeal that
decision in writing to the governing body of the agency or, if there
is no governing body, to the director of the agency, as provided by
that agency. A city or county shall provide that the right of appeal
is to the governing body or, at their option, the planning
commission, or both.
   There shall be a final written determination by the agency on the
appeal not later than 60 calendar days after receipt of the applicant'
s written appeal. The fact that an appeal is permitted to both the
planning commission and to the governing body does not extend the
60-day period. Notwithstanding a decision pursuant to subdivision (b)
that the application and submitted materials are not complete, if
the final written determination on the appeal is not made within that
60-day period, the application with the submitted materials shall be
deemed complete for the purposes of this chapter.
   (d) Nothing in this section precludes an applicant and a public
agency from mutually agreeing to an extension of any time limit
provided by this section.
   (e) A public agency may charge applicants a fee not to exceed the
amount reasonably necessary to provide the service required by this
section. If a fee is charged pursuant to this section, the fee shall
be collected as part of the application fee charged for the
development permit.



65943.5.  (a) Notwithstanding any other provision of this chapter,
any appeal pursuant to subdivision (c) of Section 65943 involving a
permit application to a board, office, or department within the
California Environmental Protection Agency shall be made to the
Secretary for Environmental Protection.
   (b) Notwithstanding any other provision of this chapter, any
appeal pursuant to subdivision (c) of Section 65943 involving an
application for the issuance of an environmental permit from an
environmental agency shall be made to the Secretary for Environmental
Protection under either of the following circumstances:
   (1) The environmental agency has not adopted an appeals process
pursuant to subdivision (c) of Section 65943.
   (2) The environmental agency declines to accept an appeal for a
decision pursuant to subdivision (c) of Section 65943.
   (c) For purposes of subdivision (b), "environmental permit" has
the same meaning as defined in Section 71012 of the Public Resources
Code, and "environmental agency" has the same meaning as defined in
Section 71011 of the Public Resources Code, except that
"environmental agency" does not include the agencies described in
subdivisions (c) and (h) of Section 71011 of the Public Resources
Code.


65944.  (a) After a public agency accepts an application as
complete, the agency shall not subsequently request of an applicant
any new or additional information which was not specified in the list
prepared pursuant to Section 65940. The agency may, in the course of
processing the application, request the applicant to clarify,
amplify, correct, or otherwise supplement the information required
for the application.
   (b) The provisions of subdivision (a) shall not be construed as
requiring an applicant to submit with his or her initial application
the entirety of the information which a public agency may require in
order to take final action on the application. Prior to accepting an
application, each public agency shall inform the applicant of any
information included in the list prepared pursuant to Section 65940
which will subsequently be required from the applicant in order to
complete final action on the application.
   (c) This section shall not be construed as limiting the ability of
a public agency to request and obtain information which may be
needed in order to comply with the provisions of Division 13
(commencing with Section 21000) of the Public Resources Code.
   (d) (1) After a public agency accepts an application as complete,
and if the project applicant has identified that the proposed project
is located within 1,000 feet of a military installation or within
special use airspace or beneath a low-level flight path in accordance
with Section 65940, the public agency shall provide a copy of the
complete application to any branch of the United States Armed Forces
that has provided the Office of Planning and Research with a single
California mailing address within the state for the delivery of a
copy of these applications. This subdivision shall apply only to
development applications submitted to a public agency 30 days after
the Office of Planning and Research has notified cities, counties,
and cities and counties of the availability of Department of Defense
information on the Internet pursuant to subdivision (d) of Section
65940.
   (2) Except for a project within 1,000 feet of a military
installation, the public agency is not required to provide a copy of
the application if the project is located entirely in an "urbanized
area." An urbanized area is any urban location that meets the
definition used by the United State Department of Commerce's Bureau
of Census for "urban" and includes locations with core census block
groups containing at least 1,000 people per square mile and
surrounding census block groups containing at least 500 people per
square mile.
   (e) Upon receipt of a copy of the application as required in
subdivision (d), any branch of the United States Armed Forces may
request consultation with the public agency and the project applicant
to discuss the effects of the proposed project on military
installations, low-level flight paths, or special use airspace, and
potential alternatives and mitigation measures.
   (f) (1) Subdivisions (d), (e), and (f) as these relate to
low-level flight paths, special use airspace, and urbanized areas
shall not be operative until the United States Department of Defense
provides electronic maps of low-level flight paths, special use
airspace, and military installations, at a scale and in an electronic
format that is acceptable to the Office of Planning and Research.
   (2) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet. Cities, counties,
and cities and counties shall comply with subdivision (d) within 30
days of receiving this notice from the office.



65945.  (a) At the time of filing an application for a development
permit with a city or county, the city or county shall inform the
applicant that he or she may make a written request to receive notice
from the city or county of a proposal to adopt or amend any of the
following plans or ordinances:
   (1) A general plan.
   (2) A specific plan.
   (3) A zoning ordinance.
   (4) An ordinance affecting building permits or grading permits.
   The applicant shall specify, in the written request, the types of
proposed action for which notice is requested. Prior to taking any of
those actions, the city or county shall give notice to any applicant
who has requested notice of the type of action proposed and whose
development project is pending before the city or county if the city
or county determines that the proposal is reasonably related to the
applicant's request for the development permit. Notice shall be given
only for those types of actions which the applicant specifies in the
request for notification.
   The city or county may charge the applicant for a development
permit, to whom notice is provided pursuant to this subdivision, a
reasonable fee not to exceed the actual cost of providing that
notice. If a fee is charged pursuant to this subdivision, the fee
shall be collected as part of the application fee charged for the
development permit.
   (b) As an alternative to the notification procedure prescribed by
subdivision (a), a city or county may inform the applicant at the
time of filing an application for a development permit that he or she
may subscribe to a periodically updated notice or set of notices
from the city or county which lists pending proposals to adopt or
amend any of the plans or ordinances specified in subdivision (a),
together with the status of the proposal and the date of any hearings
thereon which have been set.
   Only those proposals which are general, as opposed to
parcel-specific in nature, and which the city or county determines
are reasonably related to requests for development permits, need be
listed in the notice. No proposal shall be required to be listed
until such time as the first public hearing thereon has been set. The
notice shall be updated and mailed at least once every six weeks;
except that a notice need not be updated and mailed until a change in
its contents is required.
   The city or county may charge the applicant for a development
permit, to whom notice is provided pursuant to this subdivision, a
reasonable fee not to exceed the actual cost of providing that
notice, including the costs of updating the notice, for the length of
time the applicant requests to be sent the notice or notices.



65945.3.  At the time of filing an application for a development
permit with a local agency, other than a city or county, the local
agency shall inform the applicant that he or she may make a written
request to receive notice of any proposal to adopt or amend a rule or
regulation affecting the issuance of development permits.
   Prior to adopting or amending any such rule or regulation, the
local agency shall give notice to any applicant who has requested
such notice and whose development project is pending before the
agency if the local agency determines that the proposal is reasonably
related to the applicant's request for the development permit.
   The local agency may charge the applicant for a development
permit, to whom notice is provided pursuant to this section, a
reasonable fee not to exceed the actual cost of providing that
notice. If a fee is charged pursuant to this section, the fee shall
be collected as part of the application fee charged for the
development permit.



65945.5.  At the time of filing an application for a development
permit with a state agency, the state agency shall inform the
applicant that he or she may make a written request to receive notice
of any proposal to adopt or amend a regulation affecting the
issuance of development permits and which implements a statutory
provision.
   Prior to adopting or amending any such regulation, the state
agency shall give notice to any applicant who has requested such
notice and whose development project is pending before the state
agency if the state agency determines that the proposal is reasonably
related to the applicant's request for the development permit.




65945.7.  No action, inaction, or recommendation regarding any
ordinance, rule, or regulation subject to this Section 65945,
65945.3, or 65945.5 by any legislative body, administrative body, or
the officials of any state or local agency shall be held void or
invalid or be set aside by any court on the ground of any error,
irregularity, informality, neglect or omission (hereinafter called
"error") as to any matter pertaining to notices, records,
determinations, publications or any matters of procedure whatever,
unless after an examination of the entire case, including evidence,
the court shall be of the opinion that the error complained of was
prejudicial, and that by reason of such error the party complaining
or appealing sustained and suffered substantial injury, and that a
different result would have been probable if such error had not
occurred or existed. There shall be no presumption that error is
prejudicial or that injury was done if error is shown.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 65940-65945.7

GOVERNMENT CODE
SECTION 65940-65945.7



65940.  (a) Each state agency and each local agency shall compile
one or more lists that shall specify in detail the information that
will be required from any applicant for a development project. Each
local agency shall revise the list of information required from an
applicant to include a certification of compliance with Section
65962.5, and the statement of application required by Section 65943.
Copies of the information, including the statement of application
required by Section 65943, shall be made available to all applicants
for development projects and to any person who requests the
information.
   (b) (1) The list of information required from any applicant shall
include, where applicable, identification of whether the proposed
project is located within 1,000 feet of a military installation,
beneath a low-level flight path or within special use airspace as
defined in Section 21098 of the Public Resources Code, and within an
urbanized area as defined in Section 65944.
   (2) The information described in paragraph (1) shall be based on
information provided by the Office of Planning and Research pursuant
to paragraph (2) of subdivision (d) as of the date of the
application. Cities, counties, and cities and counties shall comply
with paragraph (1) within 30 days of receiving this notice from the
office.
   (c) (1) A city, county, or city and county that is not beneath a
low-level flight path or not within special use airspace and does not
contain a military installation is not required to change its list
of information required from applicants to comply with subdivision
(b).
   (2) A city, county, or city and county that is entirely urbanized,
as defined in subdivision (e) of Section 65944, with the exception
of a jurisdiction that contains a military installation, is not
required to change its list of information required from applicants
to comply with subdivision (b).
   (d) (1) Subdivision (b) as it relates to the identification of
special use airspace, low-level flight paths, military installations,
and urbanized areas shall not be operative until the United States
Department of Defense provides electronic maps of low-level flight
paths, special use airspace, and military installations, at a scale
and in an electronic format that is acceptable to the Office of
Planning and Research.
   (2) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet.




65940.5.  (a) No list compiled pursuant to Section 65940 shall
include an extension or waiver of the time periods prescribed by this
chapter within which a state or local agency shall act upon an
application for a development project.
   (b) No application shall be deemed incomplete for lack of an
extension or waiver of time periods prescribed by this chapter within
which a state or local government agency shall act upon the
application.
   (c) Except for the extension of the time limits pursuant to
Section 65950.1, no public agency shall require an extension or
waiver of the time limits contained in this chapter as a condition of
accepting or processing the application for a development project.



65941.  (a) The information compiled pursuant to Section 65940 shall
also indicate the criteria which the agency will apply in order to
determine the completeness of any application submitted to it for a
development project.
   (b) If a public agency is a lead or responsible agency for
purposes of the California Environmental Quality Act, Division 13
(commencing with Section 21000) of the Public Resources Code, that
criteria shall not require the applicant to submit the informational
equivalent of an environmental impact report as part of a complete
application, or to otherwise require proof of compliance with that
act as a prerequisite to a permit application being deemed complete.
However, that criteria may require sufficient information to permit
the agency to make the determination required by Section 21080.1 of
the Public Resources Code.
   (c) Consistent with this chapter, a responsible agency shall, at
the request of the applicant, commence processing a permit
application for a development project prior to final action on the
project by a lead agency to the extent that the information necessary
to commence the processing is available. For purposes of this
subdivision, "lead agency" and "responsible agency" shall have the
same meaning as those terms are defined in Section 21067 of the
Public Resources Code and Section 21069 of the Public Resources Code,
respectively.



65941.5.  Each public agency shall notify applicants for development
permits of the time limits established for the review and approval
of development permits pursuant to Article 3 (commencing with Section
65940) and Article 5 (commencing with Section 65950), of the
requirements of subdivision (e) of Section 65962.5, and of the public
notice distribution requirements under applicable provisions of law.
The public agency shall also notify applicants regarding the
provisions of Section 65961. The public agency may charge applicants
a reasonable fee not to exceed the amount reasonably necessary to
provide the service required by this section. If a fee is charged
pursuant to this section, the fee shall be collected as part of the
application fee charged for the development permit.



65942.  The information and the criteria specified in Sections
65940, 65941, 65941.5 shall be revised as needed so that they shall
be current and accurate at all times. Any revisions shall apply
prospectively only and shall not be a basis for determining that an
application is not complete pursuant to Section 65943 if the
application was received before the revision is effective except for
revisions for the following reasons resulting from the conditions
which were not known and could not have been known by the public
agency at the time the application was received:
   (a) To provide sufficient information to permit the public agency
to make the determination required by Section 21080.1 of the Public
Resources Code, as provided by Section 65941.
   (b) To comply with the enactment of new or revised federal, state,
or local requirements, except for new or revised requirements of a
local agency which is also the lead agency.



65943.  (a) Not later than 30 calendar days after any public agency
has received an application for a development project, the agency
shall determine in writing whether the application is complete and
shall immediately transmit the determination to the applicant for the
development project. If the written determination is not made within
30 days after receipt of the application, and the application
includes a statement that it is an application for a development
permit, the application shall be deemed complete for purposes of this
chapter. Upon receipt of any resubmittal of the application, a new
30-day period shall begin, during which the public agency shall
determine the completeness of the application. If the application is
determined not to be complete, the agency's determination shall
specify those parts of the application which are incomplete and shall
indicate the manner in which they can be made complete, including a
list and thorough description of the specific information needed to
complete the application. The applicant shall submit materials to the
public agency in response to the list and description.
   (b) Not later than 30 calendar days after receipt of the submitted
materials, the public agency shall determine in writing whether they
are complete and shall immediately transmit that determination to
the applicant. If the written determination is not made within that
30-day period, the application together with the submitted materials
shall be deemed complete for purposes of this chapter.
   (c) If the application together with the submitted materials are
determined not to be complete pursuant to subdivision (b), the public
agency shall provide a process for the applicant to appeal that
decision in writing to the governing body of the agency or, if there
is no governing body, to the director of the agency, as provided by
that agency. A city or county shall provide that the right of appeal
is to the governing body or, at their option, the planning
commission, or both.
   There shall be a final written determination by the agency on the
appeal not later than 60 calendar days after receipt of the applicant'
s written appeal. The fact that an appeal is permitted to both the
planning commission and to the governing body does not extend the
60-day period. Notwithstanding a decision pursuant to subdivision (b)
that the application and submitted materials are not complete, if
the final written determination on the appeal is not made within that
60-day period, the application with the submitted materials shall be
deemed complete for the purposes of this chapter.
   (d) Nothing in this section precludes an applicant and a public
agency from mutually agreeing to an extension of any time limit
provided by this section.
   (e) A public agency may charge applicants a fee not to exceed the
amount reasonably necessary to provide the service required by this
section. If a fee is charged pursuant to this section, the fee shall
be collected as part of the application fee charged for the
development permit.



65943.5.  (a) Notwithstanding any other provision of this chapter,
any appeal pursuant to subdivision (c) of Section 65943 involving a
permit application to a board, office, or department within the
California Environmental Protection Agency shall be made to the
Secretary for Environmental Protection.
   (b) Notwithstanding any other provision of this chapter, any
appeal pursuant to subdivision (c) of Section 65943 involving an
application for the issuance of an environmental permit from an
environmental agency shall be made to the Secretary for Environmental
Protection under either of the following circumstances:
   (1) The environmental agency has not adopted an appeals process
pursuant to subdivision (c) of Section 65943.
   (2) The environmental agency declines to accept an appeal for a
decision pursuant to subdivision (c) of Section 65943.
   (c) For purposes of subdivision (b), "environmental permit" has
the same meaning as defined in Section 71012 of the Public Resources
Code, and "environmental agency" has the same meaning as defined in
Section 71011 of the Public Resources Code, except that
"environmental agency" does not include the agencies described in
subdivisions (c) and (h) of Section 71011 of the Public Resources
Code.


65944.  (a) After a public agency accepts an application as
complete, the agency shall not subsequently request of an applicant
any new or additional information which was not specified in the list
prepared pursuant to Section 65940. The agency may, in the course of
processing the application, request the applicant to clarify,
amplify, correct, or otherwise supplement the information required
for the application.
   (b) The provisions of subdivision (a) shall not be construed as
requiring an applicant to submit with his or her initial application
the entirety of the information which a public agency may require in
order to take final action on the application. Prior to accepting an
application, each public agency shall inform the applicant of any
information included in the list prepared pursuant to Section 65940
which will subsequently be required from the applicant in order to
complete final action on the application.
   (c) This section shall not be construed as limiting the ability of
a public agency to request and obtain information which may be
needed in order to comply with the provisions of Division 13
(commencing with Section 21000) of the Public Resources Code.
   (d) (1) After a public agency accepts an application as complete,
and if the project applicant has identified that the proposed project
is located within 1,000 feet of a military installation or within
special use airspace or beneath a low-level flight path in accordance
with Section 65940, the public agency shall provide a copy of the
complete application to any branch of the United States Armed Forces
that has provided the Office of Planning and Research with a single
California mailing address within the state for the delivery of a
copy of these applications. This subdivision shall apply only to
development applications submitted to a public agency 30 days after
the Office of Planning and Research has notified cities, counties,
and cities and counties of the availability of Department of Defense
information on the Internet pursuant to subdivision (d) of Section
65940.
   (2) Except for a project within 1,000 feet of a military
installation, the public agency is not required to provide a copy of
the application if the project is located entirely in an "urbanized
area." An urbanized area is any urban location that meets the
definition used by the United State Department of Commerce's Bureau
of Census for "urban" and includes locations with core census block
groups containing at least 1,000 people per square mile and
surrounding census block groups containing at least 500 people per
square mile.
   (e) Upon receipt of a copy of the application as required in
subdivision (d), any branch of the United States Armed Forces may
request consultation with the public agency and the project applicant
to discuss the effects of the proposed project on military
installations, low-level flight paths, or special use airspace, and
potential alternatives and mitigation measures.
   (f) (1) Subdivisions (d), (e), and (f) as these relate to
low-level flight paths, special use airspace, and urbanized areas
shall not be operative until the United States Department of Defense
provides electronic maps of low-level flight paths, special use
airspace, and military installations, at a scale and in an electronic
format that is acceptable to the Office of Planning and Research.
   (2) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet. Cities, counties,
and cities and counties shall comply with subdivision (d) within 30
days of receiving this notice from the office.



65945.  (a) At the time of filing an application for a development
permit with a city or county, the city or county shall inform the
applicant that he or she may make a written request to receive notice
from the city or county of a proposal to adopt or amend any of the
following plans or ordinances:
   (1) A general plan.
   (2) A specific plan.
   (3) A zoning ordinance.
   (4) An ordinance affecting building permits or grading permits.
   The applicant shall specify, in the written request, the types of
proposed action for which notice is requested. Prior to taking any of
those actions, the city or county shall give notice to any applicant
who has requested notice of the type of action proposed and whose
development project is pending before the city or county if the city
or county determines that the proposal is reasonably related to the
applicant's request for the development permit. Notice shall be given
only for those types of actions which the applicant specifies in the
request for notification.
   The city or county may charge the applicant for a development
permit, to whom notice is provided pursuant to this subdivision, a
reasonable fee not to exceed the actual cost of providing that
notice. If a fee is charged pursuant to this subdivision, the fee
shall be collected as part of the application fee charged for the
development permit.
   (b) As an alternative to the notification procedure prescribed by
subdivision (a), a city or county may inform the applicant at the
time of filing an application for a development permit that he or she
may subscribe to a periodically updated notice or set of notices
from the city or county which lists pending proposals to adopt or
amend any of the plans or ordinances specified in subdivision (a),
together with the status of the proposal and the date of any hearings
thereon which have been set.
   Only those proposals which are general, as opposed to
parcel-specific in nature, and which the city or county determines
are reasonably related to requests for development permits, need be
listed in the notice. No proposal shall be required to be listed
until such time as the first public hearing thereon has been set. The
notice shall be updated and mailed at least once every six weeks;
except that a notice need not be updated and mailed until a change in
its contents is required.
   The city or county may charge the applicant for a development
permit, to whom notice is provided pursuant to this subdivision, a
reasonable fee not to exceed the actual cost of providing that
notice, including the costs of updating the notice, for the length of
time the applicant requests to be sent the notice or notices.



65945.3.  At the time of filing an application for a development
permit with a local agency, other than a city or county, the local
agency shall inform the applicant that he or she may make a written
request to receive notice of any proposal to adopt or amend a rule or
regulation affecting the issuance of development permits.
   Prior to adopting or amending any such rule or regulation, the
local agency shall give notice to any applicant who has requested
such notice and whose development project is pending before the
agency if the local agency determines that the proposal is reasonably
related to the applicant's request for the development permit.
   The local agency may charge the applicant for a development
permit, to whom notice is provided pursuant to this section, a
reasonable fee not to exceed the actual cost of providing that
notice. If a fee is charged pursuant to this section, the fee shall
be collected as part of the application fee charged for the
development permit.



65945.5.  At the time of filing an application for a development
permit with a state agency, the state agency shall inform the
applicant that he or she may make a written request to receive notice
of any proposal to adopt or amend a regulation affecting the
issuance of development permits and which implements a statutory
provision.
   Prior to adopting or amending any such regulation, the state
agency shall give notice to any applicant who has requested such
notice and whose development project is pending before the state
agency if the state agency determines that the proposal is reasonably
related to the applicant's request for the development permit.




65945.7.  No action, inaction, or recommendation regarding any
ordinance, rule, or regulation subject to this Section 65945,
65945.3, or 65945.5 by any legislative body, administrative body, or
the officials of any state or local agency shall be held void or
invalid or be set aside by any court on the ground of any error,
irregularity, informality, neglect or omission (hereinafter called
"error") as to any matter pertaining to notices, records,
determinations, publications or any matters of procedure whatever,
unless after an examination of the entire case, including evidence,
the court shall be of the opinion that the error complained of was
prejudicial, and that by reason of such error the party complaining
or appealing sustained and suffered substantial injury, and that a
different result would have been probable if such error had not
occurred or existed. There shall be no presumption that error is
prejudicial or that injury was done if error is shown.