HomeMy WebLinkAboutAttachmt 3 Excerpts of Govt Code 65401 & 65402(a)
65401.
plan
Review of public works projects for conformity with
If a general plan or part thereof has been adopted, within such time as
may be fixed by the legislative body, each county or city officer, department,
board, or commission, and each governmental body, commission, or board,
including the governing body of any special district or school district, whose
jurisdiction lies wholly or partially within the county or city, whose functions
include recommending, preparing plans for, or constructing, major public
works, shall submit to the official agency, as designated by the respective
county board of supervisors or city council, a list of the proposed public work
recommended for planning, initiation or construction during the ensuing fiscal
year. The official agency receiving the list of proposed public works shall list
and classify all such recommendations and shall prepare a coordinated
program of proposed public works for the ensuing fiscal. Such coordinated
program shall be submitted to the county or city planning agency for review
and report to said official agency as to conformity with the adopted general
plan or part thereof.
65402. Restrictions on acquisition and disposal of real
property
(a) If a general plan or part thereof has been adopted, no real property
shall be acquired by dedication or otherwise for street, square, park or other
public purposes, and no real property shall be disposed of, no street shall be
vacated or abandoned, and no public building or structure shall be constructed
or authorized, if the adopted general plan or part thereof applies thereto, until
the location, purpose and extent of such acquisition or disposition, such street
vacation or abandonment, or such public building or structure have been
submitted to and reported upon by the planning agency as to conformity with
said adopted general plan or part thereof. The planning agency shall render its
report as to conformity with said adopted general plan or part thereof within
forty (40) days after the matter was submitted to it, or such longer period of
time as may be designated by the legislative body.
If the legislative body so provides, by ordinance or resolution, the
provisions of this subdivision shall not apply to: (1) the disposition of the
remainder of a larger parcel which was acquired and used in part for street
purposes; (2) acquisitions, dispositions, or abandonments for street widening;
or (3) alignment projects, provided such dispositions for street purposes,
acquisitions, dispositions, or abandonments for street widening, or alignment
projects are of a minor nature.
ATTACHMENT 3