Title GOV — California Gov. Code

Any action by a county or city by which open-space land or any interest therein is acquired or disposed of or its use restricted or regulated, whether or not pursuant to this part, must be consistent with the local open-space plan.

No building permit may be issued, no subdivision map approved, and no open-space zoning ordinance adopted, unless the proposed construction, subdivision or ordinance is consistent with the local open-space plan.

If any provision of this article or the application thereof to any person is held invalid, the remainder of the article and the application of such provision to other persons shall not be affected thereby.

(a) The department may establish, after notice and hearing, rules and regulations, and require reports from local officials and may employ, borrow, or contract for such staff or other forms of assistance as are reasonably necessary to carry out this section, Chapter 3 (commencing…

The Legislature finds and declares as follows: (a) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order. (b) The …

It is the intent of the Legislature in enacting this article: (a) To assure that counties and cities recognize their responsibilities in contributing to the attainment of the state housing goal. (b) To assure that counties and cities will prepare and implement housing elements wh…

As used in this article, the following definitions apply unless specified otherwise: (a) “Above moderate income” means income exceeding the moderate-income level described in Section 50093 of the Health and Safety Code. (b) “Acutely low income” has the same meaning as in Section …

The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions: (a) Housing element law (Article 10.6 (commencing with Section …

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. The ho…

(a) (1) The Department of Housing and Community Development shall publish, by December 31, 2026, advisory guidance, including, but not limited to, sample analyses and programs, pertaining to both of the following: (A) Special housing needs for acutely low and extremely low income…

(a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, includ…

(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, that can be …

(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 …

(a) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583, subdivision (c) of Section 65583.2, and subparagraph (C) of paragraph (4) of subdivision (e) of Section 65588, a local government shall have three years and 120 days from the statutory dead…

(a) (1) For the fourth and subsequent revisions of the housing element pursuant to Section 65588, the department shall determine the existing and projected need for housing for each region pursuant to this article. For purposes of subdivision (a) of Section 65583, the share of a …

For the fourth and subsequent revision of the housing element pursuant to Section 65588, the department, in consultation with each council of governments, where applicable, shall determine the existing and projected need for housing for each region in the following manner: (a) Th…

(a) At least 28 months prior to the scheduled housing element update required by Section 65588, at least two or more cities and a county, or counties, may form a subregional entity for the purpose of allocation of the subregion’s existing and projected need for housing among its …

(a) At least two years before a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing …

Notwithstanding the requirements of subdivision (m) of Section 65584.04, the resolution approving the final housing need allocation plan for the San Diego Association of Governments’ sixth revision shall use the sustainable communities strategy in the regional transportation plan…

(a) At least one and one-half years before the scheduled revision required by Section 65588, each council of governments and delegate subregion, as applicable, shall distribute a draft allocation of regional housing needs to each local government in the region or subregion, where…

(a) For cities and counties without a council of governments, the department shall determine and distribute the existing and projected housing need, in accordance with Section 65584, Section 65584.01, as applicable, and this section. If the department determines that a county or …

(a) During the period between adoption of a final regional housing needs allocation and the due date of the housing element update under Section 65588, the council of governments, subregional entity, or the department, whichever assigned the county’s share, shall reduce the share…

(a) The Legislature finds and declares all of the following: (1) The state faces a serious housing crisis, due in part to decades of underproduction of housing of all types, to serve all income levels. A key factor in addressing this crisis is to significantly increase housing pr…

(a) For housing elements due pursuant to Section 65588 on or after January 1, 2006, if a city or county in the prior planning period failed to identify or make available adequate sites to accommodate that portion of the regional housing need allocated pursuant to Section 65584, t…

Councils of government may charge a fee to local governments to cover the projected reasonable, actual costs of the council in distributing regional housing needs pursuant to this article. Any fee shall not exceed the estimated amount required to implement its obligations pursuan…

(a) A local government within the same county as a tribe may enter into a voluntary agreement with a tribe to allow new tribal housing development projects to count toward the locality’s share of the regional housing needs allocation if all of the following conditions are met: (1…

(a) A city that is incorporated to promote commerce and industry, that is located in the County of Los Angeles, and that has no residentially zoned land within its boundaries on January 1, 1992, may elect to adopt a housing element that makes no provision for new housing or the s…

(a) The County of Napa may, during its current housing element planning period, identified in Section 65588, meet up to 15 percent of its existing share of the regional housing need for lower income households, as defined in Section 65584, by committing funds for the purpose of c…

(a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element…

In any suit brought to enforce either this article or any state law listed under subdivision (j) of Section 65585, the department and the office of the Attorney General shall each have the unconditional right to intervene under subparagraph (A) of paragraph (1) of subdivision (d)…

(a) For purposes of this section, “quantified development standard” means a site’s maximum density or requirements for a height limit, setback, maximum or minimum unit size, lot coverage, or floor area ratio. (b) To the extent that a quantified development standard contained in a…

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: (a) The departmen…

(a) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law, as provided in subdivision (j) of Section 65585, as amended by Chapter 159 of the Statute…

(a) The department shall notify the office of the Attorney General that the County of Napa or the City of Napa, as applicable, is in violation of state law, as provided in subdivision (j) of Section 65585, as amended by Chapter 159 of the Statutes of 2019, if it finds that either…

(a) Each city, county, or city and county shall bring its housing element, as required by subdivision (c) of Section 65302, into conformity with the requirements of this article on or before October 1, 1981, and the deadlines set by Section 65588. Except as specifically provided …

(a) Each local government shall review its housing element as frequently as appropriate to evaluate all of the following: (1) The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state housing goal. (2) The effectiveness of t…

(a) Nothing in this article shall require a city, county, or city and county to do any of the following: (1) Expend local revenues for the construction of housing, housing subsidies, or land acquisition. (2) Disapprove any residential development which is consistent with the gene…

(a) The department shall post on its internet website each month a list of jurisdictions that have failed to adopt a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585. The departme…

In any action filed on or after January 1, 1991, taken to challenge the validity of a housing element, both of the following shall apply, as applicable: (a) There shall be a rebuttable presumption of the validity of the element or amendment if, pursuant to Section 65585, the depa…

(a) An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if it satisfies the requirements of subdivision (b) and either of the following: (1) The attach…

(a) For the purposes of Section 65589.5, the definition of “disapprove the housing development project” may include any instance in which a local agency fails to adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, o…

(a) 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 …

In any action taken to challenge the validity of a decision by a city, county, or city and county to disapprove a project or approve a project upon the condition that it be developed at a lower density pursuant to Section 65589.5, the city, county, or city and county shall bear t…

(a) The housing element adopted by the legislative body and any amendments made to that element shall be immediately delivered to all public agencies or private entities that provide water or sewer services for municipal and industrial uses, including residential, within the terr…

A local government which adopts a requirement in its housing element that a housing development contain a fixed percentage of affordable housing units, shall permit a developer to satisfy all or a portion of that requirement by constructing rental housing at affordable monthly re…

(a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other p…

(a) In addition to the requirements of Article 10.6 (commencing with Section 65580), the provisions and requirements of this section shall apply within the coastal zone as defined and delineated in Division 20 (commencing with Section 30000) of the Public Resources Code. Each res…

Any local government which receives an application as provided in Section 30600.1 of the Public Resources Code to apply the requirements of Section 65590 to a proposed development shall apply these requirements within 90 days from the date on which it has received that applicatio…

This article shall be known and may be cited as the Water Conservation in Landscaping Act.

Unless the context requires otherwise, the following definitions govern the construction of this article: (a) “Department” means the Department of Water Resources. (b) “Director” means the Director of Water Resources. (c) “Local agency” means any city, county, or city and county,…