ARTICLE 10.6. Housing Elements

Article 10.6 added by Stats. 1980, Ch. 1143.

§§ 65580–65589.11 · 45 sections

§ 65580 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…
§ 65581 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…
§ 65582 As used in this article, the following definitions apply unless specified otherwise: (a) “Above moderate income” means income exceeding the moderate-income…
§ 65582.1 The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms…
§ 65583 The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified…
§ 65583.05 (a) (1) The Department of Housing and Community Development shall publish, by December 31, 2026, advisory guidance, including, but not limited to, sample…
§ 65583.1 (a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may…
§ 65583.2 (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…
§ 65583.3 (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…
§ 65583.4 (a) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583, subdivision (c) of Section 65583.2, and subparagraph (C) of…
§ 65584 (a) (1) For the fourth and subsequent revisions of the housing element pursuant to Section 65588, the department shall determine the existing and projected…
§ 65584.01 For the fourth and subsequent revision of the housing element pursuant to Section 65588, the department, in consultation with each council of governments,…
§ 65584.03 (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…
§ 65584.04 (a) At least two years before a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop,…
§ 65584.045 Notwithstanding the requirements of subdivision (m) of Section 65584.04, the resolution approving the final housing need allocation plan for the San Diego…
§ 65584.05 (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,…
§ 65584.06 (a) For cities and counties without a council of governments, the department shall determine and distribute the existing and projected housing need, in…
§ 65584.07 (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…
§ 65584.08 (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…
§ 65584.09 (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…
§ 65584.1 Councils of government may charge a fee to local governments to cover the projected reasonable, actual costs of the council in distributing regional housing…
§ 65584.2 A local government may, but is not required to, conduct a review or appeal regarding allocation data provided by the department or the council of governments…
§ 65584.2.2 (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…
§ 65584.3 (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…
§ 65584.6 (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…
§ 65585 (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…
§ 65585.01 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…
§ 65585.02 (a) For purposes of this section, “quantified development standard” means a site’s maximum density or requirements for a height limit, setback, maximum or…
§ 65585.03 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…
§ 65585.1 (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…
§ 65585.3 (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…
§ 65587 (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…
§ 65588 (a) Each local government shall review its housing element as frequently as appropriate to evaluate all of the following: (1) The appropriateness of the…
§ 65589 (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…
§ 65589.3 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)…
§ 65589.4 (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…
§ 65589.5 (a) (1) The Legislature finds and declares all of the following: (A) The lack of housing, including emergency shelters, is a critical problem that threatens…
§ 65589.5.1 (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…
§ 65589.5.2 (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…
§ 65589.55 (a) For purposes of a local agency’s approval, conditional approval, or disapproval of a housing development project pursuant to subdivision (d) of Section…
§ 65589.6 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…
§ 65589.7 (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…
§ 65589.8 A local government which adopts a requirement in its housing element that a housing development contain a fixed percentage of affordable housing units, shall…
§ 65589.9 (a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing…
§ 65589.11 (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…