11/3/2022 1
DISCLAIMER: This document is to assist cities and counties that may adopt a housing element before January 31, 2023 and before receiving HCD approval of the proposed Housing Element. To be in substantial compliance with state law, a housing element must contain all of the provisions mandated by state housing element law. The table below lists the statutory requirements in the left column, and the jurisdiction can indicate in the right column where in the Housing Element the requirement is satisfied, by page number, for instance. Jurisdictions should consult with their legal counsel to determine whether the table, along with a response to each of HCD’s comments (if the jurisdiction has received comments) should be incorporated into the resolution adopting the housing element.
City of Richmond
Housing Element Statutory Provisions Checklist
Section 65583
Government Code Provision Housing Element
Compliance
The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.
Main Body:
• Section 2:
Projected Housing
Need
• Section 4: Goals,
Policies, and
Programs
Appendix A:
Demographics Housing
Needs Assessment
Appendix G
• Section G.1:
Financial and
Administrative
Resources
Regional Housing Technical Assistance Program
2 Government Code Provision Housing Element
Compliance
The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community.
Appendix B: Sites
Inventory and
Methodology
• Section B.3:
Adequacy of
Residential Sites
in meeting RHNA
The element shall contain all of the following: See below (a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
Appendix A:
Demographics Housing
Needs Assessment
Appendix C: Housing
Constraints
Appendix G: Housing
Resources
(a)(1) An analysis of population and employment trends and documentation of projections
Appendix A:
Demographics Housing
Needs Assessment
• Section A.2:
Population
Characteristics
• Section A.2.1:
Population
• Section A.2.4:
Employment
(a)(1) A quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.
Main Body:
• Section 2:
Projected Housing
Need
Appendix B: Sites
Inventory and
Methodology
• Section B.3:
Adequacy of
Residential Sites
in Meeting RHNA
Regional Housing Technical Assistance Program
3 Government Code Provision Housing Element
Compliance
(a)(2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay,
Appendix A: Housing
Needs Assessment
• Section A.3:
Household
Characteristics
• Section A.5:
Housing Costs and
Affordability
(a)(2) housing characteristics, including overcrowding, and Appendix A: Housing Needs Assessment
• Section A.3.2:
Overcrowding
(a)(2) housing stock condition. Appendix A: Housing
Needs Assessment
• Section A.4:
Housing Stock
Characteristics
(a)(3) An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing. Note: Please see Section 65583.2 regarding the land inventory.
Appendix B: Sites
Inventory and
Methodology
• Section B.2.3:
Assumptions
• Section B.2.4:
Methodology
• Section B.2.5:
Suitability of
Nonvacant Sites
• Section B.3:
Adequacy of
Residential Sites
in Meeting RHNA
Appendix F: AFFH
• Section F.8:
Analysis of Sites
Inventory
Regional Housing Technical Assistance Program
4 Government Code Provision Housing Element
Compliance
[Note that AB 2339 (Chapter 654, Statutes of 2022) amended Section 65583(a)(4). It does not apply to ABAG-area housing elements unless the first draft of the housing element is submitted to ABAG after January 31, 2023 or a draft is submitted after April 1, 2023. Therefore the sections below include the statutory provisions of Section 65583(a)(4) effective in 2022. Jurisdictions adopting their housing element after January 1, 2023 should describe why AB 2339 is not applicable to them.]
(a)(4)(A) The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter.
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
(a)(4)(A) If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element.
The local government may identify additional zones where emergency shelters are permitted with a conditional use permit.
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
• Table C-5
(a)(4)(A) The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
Main Body:
• Section 4: Goals,
Policies, and
Programs,
Program 4.G
Regional Housing Technical Assistance Program
5 Government Code Provision Housing Element
Compliance
(a)(4)(A) Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be served nightly by the facility.
(ii) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. (iii) The size and location of exterior and interior onsite waiting and client intake areas. (iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in operation.
Main Body:
• Section 4: Goals,
Policies, and
Programs,
Program 4.G
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
(a)(4)(B) The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
(a)(4)(C) A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
(a)(4)(D) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
(a)(5) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and [Note: The types of housing identified in Section 65583(c)(1) include multifamily rental housing, factory- built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.] Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
Regional Housing Technical Assistance Program
6 Government Code Provision Housing Element
Compliance
(a)(5) for persons with disabilities as identified in the analysis pursuant to paragraph (7), Appendix C: Housing Constraints
• Section C.2.2:
Land Use Controls
(a)(5) including land use controls, Appendix C: Housing Constraints
• Section C.2.2:
Land Use Controls
(a)(5) building codes and their enforcement, Appendix C: Housing Constraints
• Section C.2.3:
Building and
Housing Codes
and Enforcement
(a)(5) site improvements, Appendix C: Housing
Constraints
• Section C.2.5: On
and Off-site
Improvements
(a)(5) fees and other exactions required of developers, Appendix C: Housing Constraints
• Section C.2.4:
Permits and
Procedures
(a)(5) local processing and permit procedures, Appendix C: Housing Constraints
• Section C.2.4:
Permits and
Procedures
(a)(5) and any locally adopted ordinances that directly impact the cost and supply of residential development.
Appendix C: Housing
Constraints
• Section C.2:
Governmental
Constraints
Regional Housing Technical Assistance Program
7 Government Code Provision Housing Element
Compliance
(a)(5) The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
• Section C.2.4:
Permits and
Procedures
(a)(5) and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
(a)(6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing,
Appendix C: Housing
Constraints
• Section C.3: Non-
Governmental
Constraints
• Section C.3.1:
Housing
Supply/Conditions
• Section C.3.3:
Availability of
Financing
(a)(6) the price of land, Appendix C: Housing
Constraints
• Section C.3.2:
Development
Costs – Land
Costs
(a)(6) the cost of construction, Appendix C: Housing
Constraints
• Section C.3.2:
Development
Costs –
Construction
Costs
Regional Housing Technical Assistance Program
8 Government Code Provision Housing Element
Compliance
(a)(6) the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, Appendix B: Sites
Inventory and
Methodology
• Section B.2.3:
Assumptions
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
(a)(6) and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584.
Appendix C: Housing
Constraints
• Section C.2.4:
Permits and
Procedures
(a)(6) The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.
Appendix C: Housing
Constraints
• Section C.2.4:
Permits and
Procedures
• Section C.3:
Nongovernmental
Constraints
(a)(7) An analysis of any special housing needs, such as those of the Appendix A:
Demographics Housing
Needs Assessment
• Section A.3.4:
Special Housing
Needs
(a)(7) elderly; Appendix A:
Demographics Housing
Needs Assessment
• Section A.3.4:
Special Housing
Needs
Regional Housing Technical Assistance Program
9 Government Code Provision Housing Element
Compliance
(a)(7) persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code;
Appendix A:
Demographics Housing
Needs Assessment
• Section A.3.4:
Special Housing
Needs
(a)(7) large families; Appendix A:
Demographics Housing
Needs Assessment
• Section A.3.4:
Special Housing
Needs
(a)(7) farmworkers; Appendix A:
Demographics Housing
Needs Assessment
• Section A.3.4:
Special Housing
Needs
(a)(7) families with female heads of households; Appendix A:
Demographics Housing
Needs Assessment
• Section A.3.4:
Special Housing
Needs
(a)(7) and families and persons in need of emergency shelter. Appendix A:
Demographics Housing
Needs Assessment
• Section A.3.4:
Special Housing
Needs
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
Regional Housing Technical Assistance Program
10 Government Code Provision Housing Element
Compliance
(a)(7) The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions.
Appendix A:
Demographics Housing
Needs Assessment
• Section A.3.4:
Special Housing
Needs
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
(a)(7) The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period.
Noted
(a)(7) An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
Appendix A: Housing
Needs Assessment
• Section A.3.4:
Special Housing
Needs
(a)(8) An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects.
This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
Main Body:
• Section 3.E:
Opportunities for
Energy
Conservation
(a)(9) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65915.
Appendix A: Housing
Needs Assessment
• Section A.5.4: At-
Risk Housing
Assessment
Regional Housing Technical Assistance Program
11 Government Code Provision Housing Element
Compliance
(a)(9)(A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10- year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
Appendix A: Housing
Needs Assessment
• Section A.5.4: At-
Risk Housing
Assessment
(a)(9)(B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low- income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
Appendix A: Housing
Needs Assessment
• Section A.5.4: At-
Risk Housing
Assessment
(a)(9)(C) The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
Appendix A: Housing
Needs Assessment
• Section A.5.4: At-
Risk Housing
Assessment
(a)(9)(D) The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
Appendix A: Housing
Needs Assessment
• Section A.5.4: At-
Risk Housing
Assessment
(b)(1) A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
Appendix F: AFFH
• Section F.9:
Contributing
Factors to Fair
Housing Issues
and Meaningful
Actions
Regional Housing Technical Assistance Program
12 Government Code Provision Housing Element
Compliance
(b)(2) It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
Main Body:
• Section 4.B:
Quantified
Objectives
(c) A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element Main Body:
• Section 4.A:
Goals, Policies,
and Programs
(c) through the administration of land use and development controls, Main Body:
• Section 4.A:
Goals, Policies,
and Programs
(c) the provision of regulatory concessions and incentives, Main Body:
• Section 4.A:
Goals, Policies,
and Programs
(c) the utilization of appropriate federal and state financing and subsidy programs when available,
Main Body:
• Section 4.A:
Goals, Policies,
and Programs
(c) and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code).
Main Body:
Section 4.A: Goals,
Policies, and Programs,
Program 2.C
In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
See below
Regional Housing Technical Assistance Program
13 Government Code Provision Housing Element
Compliance
(c)(1) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09.
Appendix B: Sites
Inventory and
Methodology
Main Body:
• Section 4.A:
Goals, Policies,
and Programs
(c)(1) Sites shall be identified as needed to affirmatively further fair housing Appendix B: Sites Inventory and
Methodology
Appendix F: AFFH
• Section F.8:
Analysis of Sites
Inventory
• Section F.9:
Contributing
Factors to Fair
Housing Issues
and Meaningful
Actions
Regional Housing Technical Assistance Program
14 Government Code Provision Housing Element
Compliance
(c)(1) and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, Appendix F: AFFH
• Section F.8:
Analysis of Sites
Inventory
• Section F.9:
Contributing
Factors to Fair
Housing Issues
and Meaningful
Actions
Main Body:
• Section 4.A:
Goals, Policies,
and Programs
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
(c)(1) factory-built housing, See above
(c)(1) mobilehomes, See above
(c)(1) housing for agricultural employees, See above
(c)(1) supportive housing, See above
(c)(1) single-room occupancy units, See above
(c)(1) emergency shelters, See above
(c)(1) and transitional housing. See above
Regional Housing Technical Assistance Program
15 Government Code Provision Housing Element
Compliance
(c)(1)(A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
N/A
(c)(1)(B) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2.
The identification of sites shall include all components specified in Section 65583.2. Note:
Please see Section 65583.2 regarding the land inventory and conformance with subdivision (h).
N/A
(c)(1)(C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
– Farmworker
Housing
Main Body:
• Section 4.A:
Goals, Policies,
and Programs,
Program 4.I
Regional Housing Technical Assistance Program
16 Government Code Provision Housing Element
Compliance
(c)(2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
Main Body:
• Section 4.A:
Goals, Policies,
and Programs
(c)(3) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels
Main Body:
• Section 4.A:
Goals, Policies,
and Programs
(c)(3) and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.
Main Body:
• Section 4.A Goals,
Policies, and
Programs,
Program 4.C
(c)(3) Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
– Transitional and
Supportive
Housing
Main Body:
• Section 4.A Goals,
Policies, and
Programs,
Program 4.H
Regional Housing Technical Assistance Program
17 Government Code Provision Housing Element
Compliance
(c)(3) Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
– Transitional and
Supportive
Housing
Main Body:
• Section 4.A Goals,
Policies, and
Programs,
Program 4.H
(c)(4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
Main Body:
• Section 4.A Goals,
Policies, and
Programs
(c)(5) Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
Appendix F: AFFH
• Section F.9:
Contributing
Factors to Fair
Housing Issues
and Meaningful
Actions
(c)(6) Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a).
Main Body:
• Section 4.A:
Goals, Policies,
and Programs,
Program 5.A, 5.B
(c)(6) The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available.
Main Body:
• Section 4.A:
Goals, Policies,
and Programs,
Program 5.A, 5.B
Regional Housing Technical Assistance Program
18 Government Code Provision Housing Element
Compliance
(c)(6) The program may include strategies that involve local regulation and technical assistance.
Main Body:
• Section 4.A:
Goals, Policies,
and Programs,
Program 5.A, 5.B
(c)(7) Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.\ Appendix B: Sites
Inventory & Methodology
• Section B.2.1:
Accessory
Dwelling Units
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use Controls
– ADUs and Junior
ADUs
Main Body:
• Section 4.A:
Goals, Policies,
and Programs,
Program 2.E
(c)(8) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
Main Body:
• Section 4.A:
Goals, Policies,
and Programs
(c)(9) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
Main Body:
• Section 1.E:
Summary of
Public
Participation
Appendix E: Public
Participation Summaries
Regional Housing Technical Assistance Program
19 Government Code Provision Housing Element
Compliance
(c)(10)(A) Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
Appendix F: AFFH
(c)(10)(A)(i) A summary of fair housing issues in the jurisdiction Appendix F: AFFH (c)(10)(A)(i) and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.
Appendix F: AFFH
• Section F.3: Fair
Housing
Enforcement and
Outreach
Capacity
(c)(10)(A)(ii) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, Appendix F: AFFH
• Section F.4:
Patterns of
Integration and
Segregation
(c)(10)(A)(ii) racially or ethnically concentrated areas of poverty and affluence, Appendix F: AFFH • Section F.4.5:
Racially or
Ethnically
Concentrated
Areas of Poverty
or Affluence
(c)(10)(A)(ii) disparities in access to opportunity, Appendix F: AFFH • Section F.5:
Access to
Opportunity
(c)(10)(A)(ii) and disproportionate housing needs, Appendix F: AFFH • Section F.6:
Disproportionate
Housing Needs
Regional Housing Technical Assistance Program
20 Government Code Provision Housing Element
Compliance
(c)(10)(A)(ii) including displacement risk. Appendix F: AFFH • Section F.6.3:
Gentrification and
Risk of
Displacement
(c)(10)(A)(ii) The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction.
Appendix F: AFFH
(c)(10)(A)(ii) and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
Appendix F: AFFH
(c)(10)(A)(iii) An assessment of the contributing factors, including the local and regional historical origins
Appendix F: AFFH
• Section F.2.3:
Lasting Effects of
Historic
Discrimination
• Section F.9:
Contributing
Factors to Fair
Housing Issues
and Meaningful
Actions
(c)(10)(A)(iii) and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
Appendix F: AFFH
• Section F.9:
Contributing
Factors to Fair
Housing Issues
and Meaningful
Actions
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21 Government Code Provision Housing Element
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(c)(10)(A)(iv) An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance,
Appendix F: AFFH
• Section F.9:
Contributing
Factors to Fair
Housing Issues
and Meaningful
Actions
Main Body:
• Section 4.A:
Goals, Policies,
and Programs
(c)(10)(A)(iv) and identifying the metrics and milestones for determining what fair housing results will be achieved.
Appendix F: AFFH
• Section F.9:
Contributing
Factors to Fair
Housing Issues
and Meaningful
Actions
Main Body:
• Section 4.A:
Goals, Policies,
and Programs
(c)(10)(A)(v) Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies Appendix F: AFFH
• Section F.9:
Contributing
Factors to Fair
Housing Issues
and Meaningful
Actions Main
Body:
• Section 4.A:
Goals, Policies,
and Programs
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(c)(10)(A)(v) and encouraging development of new affordable housing in areas of opportunity,
Main Body:
• Section 4.A:
Goals, Policies,
and Programs
Appendix B: Sites
Inventory & Methodology
Appendix F: AFFH
• Section F.8:
Analysis of Sites
Inventory
• Section F.9:
Contributing
Factors to Fair
Housing Issues
and Meaningful
Actions
(c)(10)(A)(v) as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing,
Appendix F: AFFH
• Section F.9:
Contributing
Factors to Fair
Housing Issues
and Meaningful
Actions Main
Body:
• Section 4.A:
Goals, Policies,
and Programs,
Program 6.AB
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(c)(10)(A)(v) and protecting existing residents from displacement. Appendix F: AFFH • Section F.9:
Contributing
Factors to Fair
Housing Issues
and Meaningful
Actions
Main Body:
• Section 4.A:
Goals, Policies,
and Programs
(c)(10)(B) A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
Appendix F: AFFH
(c)(10)(C) The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
Appendix F: AFFH
(d)(1) A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
Noted
(d)(2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
See above
(d)(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
See above
(d)(3)(A) How the joint facility will meet the jurisdiction’s emergency shelter need. (d)(3)(B) The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
(d)(3)(C) The amount and source of the funding that the jurisdiction contributes to the facility.
See above
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(d)(4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
See above
(e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following: [Note that this provision is applicable to AB 2339 (Chapter 654, Statutes of 2022), which amended Section 65583(a)(4). Jurisdictions adopting their housing element after January 1, 2023 should describe why this amendment is not applicable to them.] Noted
(1) A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
See above
(2) Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
See above
(f) – (j): Not applicable N/A
Section 65583.1(a)
Government Code Provision Housing Element
Compliance
(a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, … may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department.
Appendix B: Sites
Inventory &
Methodology
• Section
B.2.1:
Accessory
Dwelling
Units
(b) Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.
N/A
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Note: If communities are using the provisions of Section 65583.1(c), which allow RHNA credit for conversion of non-affordable to affordable housing and for preservation of existing affordable housing at risk of loss, the applicable provisions need to be added to this table.
N/A
Section 65583.2
Government Code Provision Housing Element
Compliance
(a) 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, Appendix B: Sites
Inventory &
Methodology
• Section B.3:
Adequacy of
Residential
Sites in
Meeting
RHNA
(a) 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):
Appendix B: Sites
Inventory &
Methodology
• Section B.3:
Adequacy of
Residential
Sites in
Meeting
RHNA
(a)(1) Vacant sites zoned for residential use. Appendix B: Sites Inventory &
Methodology
• Section B.2.4:
Methodology
• Section B.3.3:
Housing Sites
Tables
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(a)(2) Vacant sites zoned for nonresidential use that allows residential development. Appendix B: Sites Inventory &
Methodology
• Section B.2.4:
Methodology
• Section B.3.3:
Housing Sites
Tables
(a)(3) 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 Appendix B: Sites
Inventory &
Methodology
• Section B.3.3:
Housing Sites
Tables
(a)(4) 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.
N/A
(b) The inventory of land shall include all of the following: See below (b)(1) A listing of properties by assessor parcel number. Appendix B: Sites Inventory &
Methodology
• Section B.3.3:
Housing Sites
Tables
(b)(2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
Appendix B: Sites
Inventory &
Methodology
• Section B.3.3:
Housing Sites
Tables
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(b)(3) For nonvacant sites, a description of the existing use of each property. Appendix B: Sites Inventory &
Methodology
• Section B.2.5:
Suitability of
Nonvacant
Sites
• Section B.3.3:
Housing Sites
Tables
(b)(3) 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.
Appendix B: Sites
Inventory &
Methodology
• Section B.3.3:
Housing Sites
Tables
Main Body
• Section 4.A:
Goals,
Policies, and
Programs,
Program 1.J
(b)(4) 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.
Appendix C: Housing
Constraints
• Section C.4.1:
Environmental
Constraints
Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
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(b)(5)(A) A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities.
Appendix C: Housing
Constraints
• Section C.4.2:
Infrastructure
Constraints
Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
(b)(5)(B) 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.
Appendix C: Housing
Constraints
• Section C.4.2:
Infrastructure
Constraints
Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
Main Body:
• Section 1.G:
Other
Statutory
Requirements
(b)(6) 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.
N/A
(b)(7) 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.
Appendix B: Sites
Inventory &
Methodology
• Section B.3.2:
Housing Sites
Map
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(c) 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.
Appendix B: Sites
Inventory &
Methodology
• Section B.3.3:
Housing Sites
Table
(c) 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 within three years of the beginning of the planning period 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.
Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
• Section B.3.3:
Housing Sites
Table
Main Body:
• Section 4.A:
Goals,
Policies, and
Programs,
Program 1.K
(c) Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with state law within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning pursuant to this subdivision shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
N/A
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(c) The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing,
Appendix B: Sites
Inventory &
Methodology
• Section B.2.3:
Assumptions
• Section B.2.4:
Methodology
Appendix C: Housing
Constraints
• Section C.2.2:
Land Use
Controls
(c) factory-built housing, mobilehomes, See above
(c) housing for agricultural employees, supportive housing, See above (c) single-room occupancy units, See above
(c) emergency shelters, and See above
(c) transitional housing See above
(c) and whether the inventory affirmatively furthers fair housing . See above (c) The city or county shall determine the number of housing units that can be accommodated on each site as follows:
See below
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(c)(1) 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.
Appendix B: Sites
Inventory &
Methodology
• Section B.2.3:
Assumptions
• Section B.2.4:
Methodology
• Section B.3.3:
Housing Sites
Table
Main Body:
• Section 4.A:
Goals,
Policies, and
Programs,
Program 1.I
(c)(2) 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,
Appendix B: Sites
Inventory &
Methodology
• Section B.2.3:
Assumptions
• Section B.2.4:
Methodology
• Section B.3.3:
Housing Sites
Table
(c)(2) the realistic development capacity for the site, Appendix B: Sites Inventory &
Methodology
• Section B.2.3:
Assumptions
• Section B.2.4:
Methodology
• Section B.3.3:
Housing Sites
Table
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(c)(2) typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction,
Appendix B: Sites
Inventory &
Methodology
• Section B.2.3:
Assumptions
(c)(2) and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.
Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
(c)(2)(A) 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.
Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
& Table B-7
(c)(2)(B) 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.
N/A
(c)(2)(B) 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.
Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
(c)(2)(C) 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.
Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
(c)(3) 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:
See below
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(c)(3)(A) 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.
Appendix B: Sites
Inventory &
Methodology
• Section B.2.:
Future
Residential
Development
Potential
(c)(3)(B) The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i) 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. (ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii) For a suburban jurisdiction: sites allowing at least 20 units per acre. (iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
– Phase 3
(4)(A) For a metropolitan jurisdiction: See below
(4)(A)(i) 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 4 units of housing, but not more than 100 units per acre of housing.
Appendix B: Sites
Inventory &
Methodology
• Section B.3.1:
Summary
(4)(A)(ii) 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.
Appendix B: Sites
Inventory &
Methodology
• Section B.3.1:
Summary
(B) 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:
(i) Deny a project that does not comply with the allocation. (ii) 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.
(iii) 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.
Noted
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i(C) This paragraph does not apply to an unincorporated area. See above (D) For purposes of this paragraph: See below
(i) “Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.
Noted
(ii) “Unit of housing” does not include an accessory dwelling unit or junior accessory dwelling unit that could be approved pursuant to Section 65852.2 or Section 65852.22 or through a local ordinance or other provision implementing either of those sections. 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.
Noted
(E) 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.
Noted
(d) 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.
Noted
(e)(1) 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.
Noted
(2)(A)(i) 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.
Noted
(2)(A)(ii) 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.
Noted
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(2)(B) 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.
Noted
(f) 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.
(g)(1) For sites described in paragraph (3) of subdivision (b) [non-vacant sites], 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.
Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
• Section B.2.5:
Suitability of
Nonvacant
Sites
(g)(1) The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
• Section B.2.5:
Suitability of
Nonvacant
Sites
(g)(1) the city’s or county’s past experience with converting existing uses to higher density residential development,
Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
• Section B.2.5:
Suitability of
Nonvacant
Sites
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(g)(1) the current market demand for the existing use, Appendix B: Sites Inventory &
Methodology
• Section B.2.4:
Methodology
• Section B.2.5:
Suitability of
Nonvacant
Sites
(g)(1) 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, Appendix B: Sites
Inventory &
Methodology
• Section B.2.5:
Suitability of
Nonvacant
Sites
(g)(1) development trends, Appendix B: Sites
Inventory &
Methodology
• Section B.2.3:
Assumptions
• Section B.2.4:
Methodology
• Section B.2.5:
Suitability of
Nonvacant
Sites
(g)(1) market conditions, Appendix B: Sites
Inventory &
Methodology
• Section B.2.3:
Assumptions
• Section B.2.4:
Methodology
• Section B.2.5:
Suitability of
Nonvacant
Sites
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(g)(1) and regulatory or other incentives or standards to encourage additional residential development on these sites.
Appendix B: Sites
Inventory &
Methodology
• Section B.2.4:
Methodology
• Section B.2.5:
Suitability of
Nonvacant
Sites
(g)(2) 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.
N/A
(g)(3) 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.
N/A
(h) 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 very low and low-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.
N/A
(h) These sites shall be zoned with minimum density and development standards that permit at least
N/A
(h) 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), N/A
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(h) 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)
N/A
(h) and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b).
N/A
(h) At least 50 percent of the very low and low-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 very low and low- income housing need on sites designated for mixed uses 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.
N/A
(i) 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.
Noted
(i) 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.
Noted
(i) Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
Noted
(j) 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.
N/A
Regional Housing Technical Assistance Program
39 Section 65583.3
Government Code Provision Housing Element
Compliance
(a) For a housing element or amendment adopted on or after January 1, 2021, the planning agency shall submit to the department an electronic copy of its inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) of this section with the copy of its housing element or amendment submitted pursuant to subdivision (g) of Section 65585. The local government shall ensure, to the best of its knowledge, that the inventory of land submitted to the department is true and correct.
(b) Notwithstanding subdivision (a) of Section 65301, each local government shall prepare the inventory required under paragraph (3) of subdivision (a) of Section 65583 using standards, forms, and definitions adopted by the department.
Noted