Bill Full Text
Home
-
Bills
-
Bill
-
Authors
-
Dates
-
Locations
-
Analyses
-
Organizations
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250AB__274198AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-19</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>2741</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Muratsuchi</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Muratsuchi</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 65583.2, 65585.03, and 65589.55 of the Government Code, relating to housing elements. </ns0:Title>
<ns0:RelatingClause>housing elements</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Housing element: inventory of land: substantial compliance.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law requires the housing element to include, among other things, an inventory of land suitable and available for residential development. Existing law requires a city or county, based on that inventory of land, to determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as provided. Existing law requires local governments to rezone sites according to a specified program if the inventory of sites suitable and available for residential development does not identify adequate sites to accommodate the
need for groups of all household income levels. Existing law requires that program to accommodate 100% of the need for housing for specified lower income households on sites required to be zoned to permit owner-occupied and rental multifamily residential use, as provided, and requires these sites to be zoned with specified minimum density and development standards, as provided.</html:p>
<html:p>This bill would provide that these zoning requirements would be met by applying a zoning classification, including, but not limited to, an affordable housing overlay zone, that permits owner-occupied and rental multifamily residential use with the above-described minimum density and development standards, as specified. The bill would require a program that includes application of this zoning classification to include a written explanation of the housing and affordability incentives of
the zoning classification. The bill would permit this zoning classification to allow a mix of uses if it meets prescribed requirements. The bill would define key terms for these purposes.</html:p>
<html:p>Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Existing law provides that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment, the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law, and the department’s compliance findings have not been superseded by subsequent
contrary findings by the department or by a decision of a court of competent jurisdiction or the court’s decision has not been overturned or superseded by a subsequent court decision or by statute.</html:p>
<html:p>Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. One set of conditions is that (1) the jurisdiction has adopted a housing element that is in substantial compliance with the Housing Element Law, and (2) the jurisdiction has met or exceeded its share of the regional housing need allocation for the planning period for the income category proposed for the housing development project. Existing law requires a housing element or amendment to be considered in substantial
compliance with the Housing Element Law only if the element or amendment was determined to be in substantial compliance when a preliminary application or complete application was submitted, as specified.</html:p>
<html:p>This bill would require, if a court of competent jurisdiction finds an adopted housing element or amendment to be to be out of compliance despite the department’s findings of substantial compliance, that the housing element or amendment be considered in substantial compliance until either the date the department finds that a newly adopted housing element or amendment is in substantial compliance, or 275 days after a court order, writ, or judgment is issued requiring the local agency to bring its housing element into substantial compliance, whichever is earlier.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>NO</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_A39ED642-1EAD-4432-9D98-5E2C29E7C355">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65583.2.'%5D)" ns3:label="fractionType: LAW_SECTION||qualifyingLanguage: amended by Section 6.5 of Chapter 282 of the Statutes of 2024" ns3:type="locator">
Section 65583.2 of the
<ns0:DocName>Government Code</ns0:DocName>
, as amended by Section 6.5 of Chapter 282 of the Statutes of 2024,
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CE106B5B-7289-4DAD-BA93-5E4E535A6772">
<ns0:Num>65583.2.</ns0:Num>
<ns0:LawSectionVersion id="id_7E70576E-0C2B-4351-A587-AE7C697F345A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (10) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential development” includes all of the following sites that meet the standards set forth in subdivisions (c) and (g):
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Vacant sites zoned for residential use.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Vacant sites zoned
for nonresidential use that allows residential development.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, rezoned for, to permit residential use, including sites owned or leased by a city, county, or city and county.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The inventory of land shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A listing of properties by assessor parcel number.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The size of each property listed pursuant to paragraph (1), and the general
plan designation and zoning of each property.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For nonvacant sites, a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A description of existing or planned water, sewer, and other dry utilities supply, including the
availability and access to distribution facilities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction’s general plan, for reference purposes only.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing. A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning
periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning by the applicable deadline for rezoning set forth in subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right. The analysis shall determine whether the inventory can provide for a variety of types of housing, including
multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing, and whether the inventory affirmatively furthers fair housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency’s calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The number of units calculated
pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583, the realistic development capacity for the site, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph, “site” means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The following densities shall be deemed appropriate to accommodate housing for lower income households:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing
at least 15 units per acre.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For a suburban jurisdiction: sites allowing at least 20 units per acre.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a metropolitan jurisdiction:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
At least 25 percent of the jurisdiction’s share of the regional housing need for moderate-income housing shall be allocated to sites with zoning that allows at least four units of housing, but not more than 100 units per acre of housing.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
At least 25 percent of the jurisdiction’s share of the regional housing need for above moderate-income housing shall be allocated to sites with zoning that allows at least 4 units of housing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The allocation of moderate-income and above moderate-income housing to sites pursuant to this paragraph shall not be a basis for the jurisdiction to do either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Deny a project that does not comply with the allocation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Impose a price minimum, price maximum, price control, or any other exaction or condition of approval in lieu thereof. This clause does not prohibit a jurisdiction from imposing any price minimum, price maximum, price control, exaction, or condition in lieu thereof, pursuant to any other law.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The
provisions of this subparagraph do not constitute a change in, but are declaratory of, existing law with regard to the allocation of sites pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph does not apply to an unincorporated area.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For purposes of this paragraph:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Unit of housing” does not include an accessory dwelling unit or junior accessory dwelling unit that could be approved pursuant to Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 or through a local ordinance or other provision implementing either of those articles. This paragraph shall not limit the ability of a local
government to count the actual production of accessory dwelling units or junior accessory dwelling units in an annual progress report submitted pursuant to Section 65400 or other progress report as determined by the department.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Nothing in this subdivision shall preclude the subdivision of a parcel, provided that the subdivision is subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census
Bureau to be nonmetropolitan counties with micropolitan areas in the future.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdiction’s population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population, in which case the county shall be considered metropolitan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont
California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2028, inclusive.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A county subject to this subparagraph shall utilize the sum existing in the county’s housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Housing, and the Department of
Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided three times: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle, and a third time, on or before December 31, 2027, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction’s population is less than 25,000 in which case it shall
be considered suburban.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the city’s or county’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years
have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low- or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for lower income households allocated pursuant to Section 65584 for which site capacity has not been
identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c), and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b). At least 50 percent of the lower income housing need shall be accommodated on sites designated for residential use and for which nonresidential
uses or mixed uses are not permitted, except that a city or county may accommodate all of the lower income housing need on sites designated for mixed use if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For the purposes of this subdivision, “shall be zoned” includes applying a zoning classification, including, but not limited to, an affordable housing overlay zone that permits owner-occupied and rental multifamily residential use with the minimum density and development standards described in paragraphs (1) and (2). A program that includes application of a zoning classification permitted pursuant to this paragraph shall include a written explanation of the housing and affordability incentives of the zoning classification.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The zoning classification permitted pursuant to this subdivision may allow a mix of uses if it allows 100 percent residential use and requires that, if an applicant seeks to develop a mixed-use project that includes both residential and nonresidential uses on a single site, at least 50 percent of the total floor area on the site shall be dedicated to residential uses.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For the purposes of this paragraph, the following definitions shall apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Allow for a mix of uses” shall mean that the zoning for the site permits any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Residential use.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Nonresidential use.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A mix of residential and nonresidential uses, including, without limitation, vertical, and horizontal mixed-use projects.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Total floor area” shall combine the floor area for existing uses that are proposed to remain with the floor area for new proposed uses. For the purposes of calculating the total floor area for the project, “site” shall be defined as the parcel or assemblage of
parcels upon which the project is proposed.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily
residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The changes to this section made by Chapter 193 of the Statutes of 2020 shall become operative on January 1, 2022.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The changes to this section made by Chapter 193 of the Statutes of 2020 shall not apply to a housing element revision that is originally due
on or before January 1, 2022, regardless of the date of adoption by the local agency.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section shall remain in effect only until December 31, 2028, and as of that date is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_62FE0D76-32F2-40AF-A9C3-67827F192298">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65583.2.'%5D)" ns3:label="fractionType: LAW_SECTION||qualifyingLanguage: amended by Section 7.5 of Chapter 282 of the Statutes of 2024" ns3:type="locator">
Section 65583.2 of the
<ns0:DocName>Government Code</ns0:DocName>
, as amended by Section 7.5 of Chapter 282 of the Statutes of 2024, is
amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_92936C4B-56E6-4774-8286-7EB96257C276">
<ns0:Num>65583.2.</ns0:Num>
<ns0:LawSectionVersion id="id_F3BA35E5-38EC-4A00-A918-03CFFD068DAD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (10) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential development” includes all of the following sites that meet the standards set forth in subdivisions (c) and (g):
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Vacant sites zoned for residential use.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Vacant sites zoned
for nonresidential use that allows residential development.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Residentially zoned sites that are capable of being developed at a higher density, and sites owned or leased by a city, county, or city and county.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, to permit residential use, including sites owned or leased by a city, county, or city and county.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The inventory of land shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A listing of properties by assessor parcel number.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The size of each property listed pursuant to paragraph (1), and the general plan designation and
zoning of each property.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For nonvacant sites, a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to
distribution facilities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction’s general plan for reference purposes only.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing. A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion
of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning by the applicable deadline for rezoning set forth in subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing,
mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing, and whether the inventory affirmatively furthers fair housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency’s calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary,
based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583, the realistic development capacity for the site, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A site larger than 10 acres shall not
be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph, “site” means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For the number of units calculated to accommodate its share of
the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The following densities shall be deemed appropriate to accommodate housing for lower income households:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For an unincorporated area in a
nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For a suburban jurisdiction: sites allowing at least 20 units per acre.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a metropolitan jurisdiction:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
At least 25 percent of the jurisdiction’s share of the regional housing need for moderate-income housing shall be allocated to sites with zoning that allows at least four units of housing, but not more than 100 units per acre of housing.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
At least 25 percent of the jurisdiction’s share of the regional housing need for above moderate-income housing shall be
allocated to sites with zoning that allows at least 4 units of housing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The allocation of moderate-income and above moderate-income housing to sites pursuant to this paragraph shall not be a basis for the jurisdiction to do either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Deny a project that does not comply with the allocation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Impose a price minimum, price maximum, price control, or any other exaction or condition of approval in lieu thereof. This clause does not prohibit a jurisdiction from imposing any price minimum, price maximum, price control, exaction, or condition in lieu thereof, pursuant to any other law.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The provisions of this subparagraph do not constitute a change in, but are declaratory of, existing law with regard to the allocation of sites
pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph does not apply to an unincorporated area.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For purposes of this paragraph:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Unit of housing” does not include an accessory dwelling unit or junior accessory dwelling unit that could be approved pursuant to Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 or through a local ordinance or other provision implementing either of those articles. This paragraph shall not limit the ability of a local government to count the actual production of accessory dwelling units or junior accessory dwelling units in an annual progress report
submitted pursuant to Section 65400 or other progress report as determined by the department.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Nothing in this subdivision shall preclude the subdivision of a parcel, provided that the subdivision is subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdiction’s population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction’s population is less than 25,000 in which case it shall be considered suburban.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the city’s or county’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years
have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low- or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for lower income households allocated pursuant to Section 65584 for which site capacity has not been
identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c), and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b). At least 50 percent of the lower income housing need shall be accommodated on sites designated for residential use and for which nonresidential
uses or mixed uses are not permitted, except that a city or county may accommodate all of the lower income housing need on sites designated for mixed use if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For the purposes of this subdivision, “shall be zoned” includes applying a zoning classification, including, but not limited to, an affordable housing overlay zone, that permits owner-occupied and rental multifamily residential use with the minimum density and development standards described in paragraphs (1) and (2). A program that includes application of a zoning classification permitted pursuant to this paragraph shall include a written explanation of the housing and affordability incentives of the zoning classification.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The zoning classification permitted pursuant to this subdivision may allow a mix of uses if it allows 100 percent residential use and requires that, if an applicant seeks to develop a mixed-use project that includes both residential and nonresidential uses on a single site, at least 50 percent of the total floor area on the site shall be dedicated to residential uses.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For the purposes of this paragraph, the following definitions shall apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Allow for a mix of uses” shall mean that the zoning for the site permits any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Residential use.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Nonresidential use.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A mix of residential and
nonresidential uses, including, without limitation, vertical, and horizontal mixed-use projects.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Total floor area” shall combine the floor area for existing uses that are proposed to remain with the floor area for new proposed uses. For the purposes of calculating the total floor area for the project, “site” shall be defined as the parcel or assemblage of parcels upon which the project is proposed.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the
sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section shall become operative on December 31, 2028.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_1E65803A-4C35-4B50-97EE-AC139C274BF2">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65585.03.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 65585.03 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5C7A4F03-17CD-4B60-B299-3A3C5624454A">
<ns0:Num>65585.03.</ns0:Num>
<ns0:LawSectionVersion id="id_1FA86E9D-8253-4297-A293-2B3212F039B8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A housing element or amendment shall be considered to be in substantial compliance with this article when the local agency adopts the housing element or amendment for the current planning period in accordance with Section 65585 and either of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The department finds that the adopted housing element or amendment is in substantial compliance with this
article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A court of competent jurisdiction determines that the adopted housing element or amendment substantially complies with this article.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If a court of competent jurisdiction finds that, despite the department’s findings of substantial compliance, the adopted housing element or amendment is not in substantial compliance with this article, the adopted housing element or amendment shall be considered in substantial compliance with this article until the earlier of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The date the department finds that a newly adopted housing element or amendment is in substantial compliance with this article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Two hundred seventy days after a court order, writ, or judgment is issued in accordance with Section 65754 requiring the local agency to bring its housing element into compliance.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_8ED863BF-2C50-4975-923D-B1F94B378C0C">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65589.55.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 65589.55 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_1676D053-9221-496B-90B0-594B3E7EDBCE">
<ns0:Num>65589.55.</ns0:Num>
<ns0:LawSectionVersion id="id_626F32A3-F6A0-40F7-B29C-B3952819D9AE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of a local agency’s approval, conditional approval, or disapproval of a housing development project pursuant to subdivision (d) of Section 65589.5, a housing element or amendment shall be considered in substantial compliance with this article only if the element or amendment was in substantial compliance, as determined by the department or a court of competent jurisdiction, when a preliminary application, including all of the information required by subdivision (a) of Section 65941.1, was submitted or, if a preliminary application was not submitted, when a complete application pursuant to Section 65943 was submitted.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If a court of competent jurisdiction determines that, despite the department’s findings of substantial compliance, the adopted housing element or amendment is not in substantial compliance with this article, the adopted housing element or amendment shall be considered in substantial compliance with this article until the earlier of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The date the department determines that a newly adopted housing element or amendment is in substantial compliance with this article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Two
hundred seventy days after a court order, writ, or judgment, is issued in accordance with Section 65754 requiring the local agency to bring its housing element into compliance.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, a “determination by a court of competent jurisdiction” shall refer only to a determination of substantial compliance.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>