Section 65860 of the Government Code is amended to read:
(a) County or city zoning ordinances shall be consistent with the general plan of the county or city by January 1, 1974. A zoning ordinance shall be consistent with a city or county general plan only if both of the following conditions are met:
(1) The city or county has officially adopted such a plan.
(2) The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan.
(b) AnyA resident or property owner within a city or a county, as the case may be, may bring an action or proceeding in the superior court to enforce compliance with subdivisionthis (a).section. Any suchAn action or proceeding shall be governed by Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. NoAn action or proceeding shall not be maintained pursuant to this section by anya person unless the action or proceeding is commenced and service is made on the legislative body within 90 days of the enactmentany of any new zoning ordinance or the amendment of any existing zoning ordinance.following:
(1) The enactment of any new zoning ordinance.
(2) The amendment of any existing zoning ordinance.
(3) The failure of a local agency to comply with this section.
(c) (1) In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the general plan, or to any element of the plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general planplan, as amended.
(2) If a zoning ordinance becomes inconsistent with the general plan due to amendment to the general plan or to any element of the general plan, and a local agency receives a development application for a project that is not subject to Section 65589.5 and that is consistent with the general plan, but inconsistent with the zoning ordinance, the local agency shall do one of the following:
(A) For any provision of the zoning ordinance that is applicable to the proposed development and inconsistent with the general plan, amend the zoning ordinance within 180 days from the receipt of the development application to be consistent with the general plan.
(B) Process the development application in accordance with all applicable laws. When processing the development application, the local agency shall apply the objective general plan standards, but not inconsistent zoning standards, to the proposed development project to facilitate and accommodate development at the density allowed on the site by the general plan. A proposed development shall not be deemed inconsistent with any zoning ordinance or related zoning standard or criteria and shall not be required to be rezoned to accommodate the proposed development, if there is substantial evidence that would allow a reasonable person to conclude that the proposed development is consistent with objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan. The objective general plan standards shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the development project.
(3) If a local agency fails to amend the zoning ordinance within 180 days from the receipt of the development application pursuant to subparagraph (A) of paragraph (2), the local agency shall process the development application pursuant to subparagraph (B) of paragraph (2).
(d) Notwithstanding Section 65803, this section shall also apply to a charter city.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 3. The Legislature finds and declares that lowering costs by preventing delays in the development process is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 65860 of the Government Code applies to all cities, including charter cities.
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