State of California
GOVERNMENT CODE
Section 65858
65858. (a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting an y uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time. That ur gency measure shall require a four-fifths vote of the le gislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the le gislative body may e xtend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year . Any extension shall also require a four -fifths vote for adoption. Not more than two extensions may be adopted.
(b) Alternatively, an interim ordinance may be adopted by a four -fifths v ote following notice pursuant to Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the le gislative body may by a four -fifths vote extend the interim ordinance for 22 months and 15 days. (c) The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdi visions, use permits, v ariances, b uilding permits, or an y other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare. In addition, any interim ordinance adopted pursuant to this section that has the effect of denying approvals needed for the de velopment of projects with a significant component of multifamily housing may not be e xtended except upon written findings adopted by the legislative body, supported by substantial e vidence on the record, that all of the following conditions exist:
(1) The continued appro val of the de velopment of multif amily housing projects would have a specific, adv erse impact upon the public health or safety . As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as the y existed on the date that the ordinance is adopted by the legislative body.
(2) The interim ordinance is necessary to mitig ate or avoid the specific, adv erse impact identified pursuant to paragraph (1).
(3) There is no feasible alternative to satisfactorily mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1) as well or better , with a less burdensome or restrictive effect, than the adoption of the proposed interim ordinance. (d) Ten days prior to the expiration of that interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. (e) When an interim ordinance has been adopted, e very subsequent ordinance adopted pursuant to this section, co vering the whole or a part of the same property , shall automatically terminate and be of no further force or effect upon the termination of the first interim ordinance or an y extension of the ordinance as pro vided in this section.
(f) Notwithstanding subdivision (e), upon termination of a prior interim ordinance, the legislative body may adopt another interim ordinance pursuant to this section provided that the new interim ordinance is adopted to protect the public safety, health, and welfare from an e vent, occurrence, or set of circumstances dif ferent from the event, occurrence, or set of circumstances that led to the adoption of the prior interim ordinance.
(g) For purposes of this section, “de velopment of multifamily housing projects” does not include the demolition, con version, rede velopment, or rehabilitation of multifamily housing that is af fordable to lo wer income households, as defined in Section 50079.5 of the Health and Safety Code, or that will result in an increase in the price or reduction of the number of af fordable units in a multif amily housing project.
(h) For purposes of this section, “projects with a significant component of multifamily housing” means projects in which multifamily housing consists of at least one-third of the total square footage of the project.
(Amended by Stats. 2001, Ch. 939, Sec. 1. Effective January 1, 2002.)