Government Code

Part 81 of 107 · provisions 16,001–16,200

This act is named the Government Code.

Jurisdiction: United States — California
Instrument: Code
Citation: GOV
Version: Undated source snapshot
Language: en
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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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65863.11.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
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This section gives tenants, nonprofits, public agencies, and other qualified entities a chance to buy certain assisted housing developments before an owner terminates subsidies, prepays a mortgage, sells, or lets rental restrictions expire.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) ## 65863.11. (a) Terms used in this section shall be defined as follows: (1) “Assisted housing development” and “development” shall have the same meaning as in paragraph (3) of subdivision (a) of Section 65863.10. (2) “Owner” shall have the same meaning as in paragraph (7) of subdivision (a) of Section 65863.10. (3) “Tenant” means a tenant, subtenant, lessee, sublessee, or other person legally in possession or occupying the assisted housing development. (4) “Tenant association” means a group of tenants who have formed a nonprofit corporation, cooperative corporation, or other entity or organization, or a local nonprofit, regional, or national organization whose purpose includes the acquisition of an assisted housing development and that represents the interest of at least a majority of the tenants in the assisted housing development. (5) “Low or moderate income” means having an income as defined in Section 50093 of the Health and Safety Code. (6) “Very low income” means having an income as defined in Section 50105 of the Health and Safety Code. (7) “Local nonprofit organizations” means not-for-profit corporations organized pursuant to Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code that have as their principal purpose the ownership, development, or management of housing or community development projects for persons and families of low or moderate income and very low income, and which have a broadly representative board, a majority of whose members are community based and have a proven track record of local community service. (8) “Local public agencies” means housing authorities, redevelopment agencies, or any other agency of a city, county, or city and county, whether general law or chartered, which are authorized to own, develop, or manage housing or community development projects for persons and families of low or moderate income and very low income. (9) “Regional or national organizations” means not-for-profit, charitable corporations organized on a multicounty, state, or multistate basis that have as their principal purpose the ownership, development, or management of housing or community development projects for persons and families of low or moderate income and very low income and own and operate at least three comparable rent- and income-restricted affordable rental properties governed under a regulatory agreement with a department or agency of the State of California or the United States, either directly or by serving as the managing general partner of limited partnerships or managing member of limited liability corporations. (10) “Regional or national public agencies” means multicounty, state, or multistate agencies that are authorized to own, develop, or manage housing or community development projects for persons and families of low or moderate income and very low income and own and operate at least three comparable rent- and income-restricted affordable rental properties governed under a regulatory agreement with a department or agency of the State of California or the United States, either directly or by serving as the managing general partner of limited partnerships or managing member of limited liability corporations. (11) “Use restriction” means any federal, state, or local statute, regulation, ordinance, or contract that, as a condition of receipt of any housing assistance, including a rental subsidy, mortgage subsidy, or mortgage insurance, to an assisted housing development, establishes maximum limitations on tenant income as a condition of eligibility for occupancy of the units within a development, imposes any restrictions on the maximum rents that could be charged for any of the units within a development; or requires that rents for any of the units within a development be reviewed by any governmental body or agency before the rents are implemented. (12) “Profit-motivated housing organizations and individuals” means individuals or two or more persons organized pursuant to Division 1 (commencing with Section 100) of Title 1 of, Division 3 (commencing with Section 1200) of Title 1 of, or Chapter 5 (commencing with Section 16100) of Title 2 of, the Corporations Code, that carry on as a business for profit and own and operate at least three comparable rent- and income-restricted affordable rental properties governed under a regulatory agreement with a department or agency of the State of California or the United States, either directly or by serving as the managing general partner of limited partnerships or managing member of limited liability corporations. (13) “Department” means the Department of Housing and Community Development. (14) “Offer to purchase” means an offer from a qualified or nonqualified entity that is nonbinding on the owner. (15) “Expiration of rental restrictions” has the meaning given in paragraph (5) of subdivision (a) of Section 65863.10. (16) “Qualified entity” means an entity that meets the requirements of subdivisions (d) and (e). (b) An owner of an assisted housing development shall not terminate a subsidy contract or prepay the mortgage pursuant to Section 65863.10, unless the owner or its agent shall first have provided each of the entities listed in subdivision (d) an opportunity to submit an offer to purchase the development, in compliance with subdivisions (g) and (h). An owner of an assisted housing development in which there will be the expiration of rental restrictions shall also provide each of the entities listed in subdivision (d) an opportunity to submit an offer to purchase the development, in compliance with subdivisions (g) and (h). An owner who meets the requirements of Section 65863.13 shall be exempt from this requirement. (c) An owner of an assisted housing development shall not sell, or otherwise dispose of, the development at any time within the five years before the expiration of rental restrictions or at any time if the owner is eligible for prepayment or termination within five years unless the owner or its agent shall first have provided each of the entities listed in subdivision (d) an opportunity to submit an offer to purchase the development, in compliance with this section. An owner who meets the requirements of Section 65863.13 shall be exempt from this requirement. (d) The entities to whom an opportunity to purchase shall be provided include only the following: (1) The tenant association of the development. (2) Local nonprofit organizations and public agencies. (3) Regional or national nonprofit organizations and regional or national public agencies. (4) Profit-motivated housing organizations or individuals. (e) For the purposes of this section, to qualify as a purchaser of an assisted housing development, an entity listed in subdivision (d) shall do all of the following: (1) Be certified by the department, based on demonstrated relevant prior experience in California and current capacity, as capable of operating the housing and related facilities for its remaining useful life, either by itself or through a management agent. The department shall establish a process for certifying an entity meeting the requirements of subdivision (d) and maintain a list of entities that are certified, which list shall be updated at least annually. (2) Agree to obligate itself and any successors in interest to maintain the affordability of the assisted housing development for households of very low, low, or moderate income for either a 30-year period from the date that the purchaser took legal possession of the housing or the remaining term of the existing federal governmental assistance specified in subdivision (a) of Section 65863.10, whichever is greater. The development shall be continuously occupied in the approximate percentages that those households who have occupied that development on the date the owner gave notice of intent or the approximate percentages specified in existing use restrictions, whichever is higher. This obligation shall be recorded before the close of escrow in the office of the county recorder of the county in which the development is located and shall contain a legal description of the property, indexed to the name of the owner as grantor. An owner that obligates itself to an enforceable regulatory agreement that will ensure for a period of not less than 30 years that rents for units occupied by low- and very low income households or that are vacant at the time of executing a purchase agreement will conform with restrictions imposed by Section 42(f) of the Internal Revenue Code shall be deemed in compliance with this paragraph. In addition, the regulatory agreement shall contain provisions requiring the renewal of rental subsidies, should they be available, provided that assistance is at a level to maintain the project’s fiscal viability. (3) Local nonprofit organizations and public agencies shall have no member among their officers or directorate with a financial interest in assisted housing developments that have terminated a subsidy contract or prepaid a mortgage on the development without continuing the low-income restrictions. (f) If an assisted housing development is not economically feasible, as determined by all entities with regulatory agreements and deed-restrictions on the development, a purchaser shall be entitled to remove one or more units from the rent and occupancy requirements as is necessary for the development to become economically feasible, provided that once the development is again economically feasible, the purchaser shall designate the next available units as low-income units up to the original number of those units. (g) If an owner decides to terminate a subsidy contract, or prepay the mortgage pursuant to Section 65863.10, or sell or otherwise dispose of the assisted housing development pursuant to subdivision (b) or (c), or if the owner has an assisted housing development in which there will be the expiration of rental restrictions, the owner shall first give notice of the opportunity to offer to purchase to each qualified entity on the list provided to the owner by the department, in accordance with subdivision (p), as well as to those qualified entities that directly contact the owner. The notice of the opportunity to offer to purchase must be given before or concurrently with the notice required pursuant to subdivision (b) of Section 65863.10 for a period of at least 12 months. The owner shall contact the department to obtain the list of qualified entities. The notice shall conform to the requirements of subdivision (h) and shall be sent to the entities by registered or certified mail, return receipt requested. The owner shall also post a copy of the notice in a conspicuous place in the common area of the development. (h) The initial notice of a bona fide opportunity to submit an offer to purchase shall contain all of the following: (1) A statement addressing both of the following: (A) Whether the owner intends to maintain the current number of affordable units and level of affordability. (B) Whether the owner has executed a contract or agreement of at least five years’ duration with a public entity to continue or replace subsidies to the property and to maintain an equal or greater number of units at an equal or deeper level of affordability and, if so, the length of the contract or agreement. (2) A statement that each of the type of entities listed in subdivision (d), or any combination of them, has the right to submit a bona fide offer to purchase the development under this section. (3) (A) Except as provided in subparagraph (B), a statement that the owner will make available to each of the types of entities listed in subdivision (d), within 15 business days of receiving a request therefor, that includes all of the following: (i) Itemized lists of monthly operating expenses for the property. (ii) Capital improvements, as determined by the owner, made within each of the two preceding calendar years at the property. (iii) The amount of project property reserves. (iv) Copies of the two most recent financial and physical inspection reports on the property, if any, filed with a federal, state, or local agency. (v) The most recent rent roll for the property listing the rent paid for each unit and the subsidy, if any, paid by a governmental agency as of the date the notice of offer to purchase was made pursuant to subdivision (g). (vi) A statement of the vacancy rate at the property for each of the two preceding calendar years. (vii) The terms of assumable financing, if any, the terms of the subsidy contract, if any, and proposed improvements to the property to be made by the owner in connection with the sale, if any. (B) Subparagraph (A) shall not apply if 25 percent or less of the units on the property are subject to affordability restrictions or a rent or mortgage subsidy contract. (C) A corporation authorized pursuant to Section 52550 of the Health and Safety Code or a public entity may share information obtained pursuant to subparagraph (A) with other prospective purchasers, and shall not be required to sign a confidentiality agreement as a condition of receiving or sharing this information, provided that the information is used for the purpose of attempting to preserve the affordability of the property. (4) A statement that the owner has satisfied all notice requirements pursuant to subdivision (b) of Section 65863.10, unless the notice of opportunity to submit an offer to purchase is delivered more than 12 months before the anticipated date of termination, prepayment, or expiration of rental restrictions. (i) If a qualified entity elects to purchase an assisted housing development, it shall make a bona fide offer to purchase the development at the market value determined pursuant to subdivision (k), subject to the requirements of this subdivision. A qualified entity’s bona fide offer to purchase shall be submitted within 270 days of the owner’s notice of the opportunity to submit an offer pursuant to subdivision (g), identify whether it is a tenant association, nonprofit organization, public agency, or profit-motivated organizations or individuals, and certify, under penalty of perjury, that it is qualified pursuant to subdivision (e). If an owner has received a bona fide offer from one or more qualified entities within the first 270 days from the date of an owner’s bona fide notice of the opportunity to submit an offer to purchase, the owner shall notify the department of all such offers within 90 days and either (1) accept a bona fide offer from a qualified entity to purchase and execute a purchase agreement, or (2) record a new regulatory agreement with a term of at least 30 years that, at a minimum, meets the criteria of subdivision (a) of Section 65863.13. Once a bona fide offer is made, the owner shall take all steps reasonably required to renew any expiring housing assistance contract, or extend any available subsidies or use restrictions, if feasible, before the effective date of any expiration or termination. (j) The market value of the property shall be determined by negotiation and agreement between the parties. If the parties fail to reach an agreement regarding the market value, the market value shall be determined by an appraisal process initiated by the owner’s receipt of the bona fide offer, which shall specifically reference the appraisal process provided by this subdivision as the means for determining the final purchase price. Either the owner or the qualified entity, or both, may request that the fair market value of the property’s highest and best use, based on current zoning, be determined by an independent appraiser qualified to perform multifamily housing appraisals, who shall be selected and paid by the requesting party. All appraisers shall possess qualifications equivalent to those required by the members of the Appraisal Institute and shall be certified by the department as having sufficient experience in appraising comparable rental properties in California. If the appraisals differ by less than 5 percent, the market value and sales price shall be set at the higher appraised value. If the appraisals differ by more than 5 percent, the parties may elect to have the appraisers negotiate a mutually agreeable market value and sales price, or to jointly select a third appraiser, whose determination of market value and the sales price shall be binding. (k) If an owner does not receive a bona fide offer from one or more qualified entities within the 270 days specified in subdivision (i), or if after the 270 days specified in subdivision (i) all bona fide offers are withdrawn, the owner may do any of the following: (1) Sell the property to any buyer. (2) Extend the affordability restrictions for any period of time. (3) Maintain ownership of the property and allow the expiration, termination, or prepayment to occur at the end of the notice periods specified in Section 65863.10. (l) This section does not apply to any of the following: a government taking by eminent domain or negotiated purchase; a forced sale pursuant to a foreclosure; a transfer by gift, devise, or operation of law; a sale to a person who would be included within the table of descent and distribution if there were to be a death intestate of an owner; or an owner who certifies, under penalty of perjury, the existence of a financial emergency during the period covered by the offer to purchase requiring immediate access to the proceeds of the sale of the development. The certification shall be made pursuant to subdivision (q). (m) Prior to the close of escrow, an owner selling, leasing, or otherwise disposing of a development to a purchaser who does not qualify under subdivision (e) shall certify under penalty of perjury that the owner has complied with all provisions of this section and Section 65863.10. This certification shall be recorded and shall contain a legal description of the property, shall be indexed to the name of the owner as grantor, and may be relied upon by good faith purchasers and encumbrances for value and without notice of a failure to comply with the provisions of this section. A person or entity acting solely in the capacity of an escrow agent for the transfer of real property subject to this section shall not be liable for any failure to comply with this section unless the escrow agent either had actual knowledge of the requirements of this section or acted contrary to written escrow instructions concerning the provisions of this section. (n) The department shall undertake the following responsibilities and duties: (1) Maintain a form containing a summary of rights and obligations under this section and make that information available to owners of assisted housing developments as well as to tenant associations, local nonprofit organizations, regional or national nonprofit organizations, public agencies, and other entities with an interest in preserving the state’s subsidized housing. (2) Compile, maintain, and update a list of entities in subdivision (d) that have either contacted the department with an expressed interest in purchasing a development in the subject area or have been identified by the department as potentially having an interest in participating in a right-of-first-refusal program. The department shall publicize the existence of the list statewide. Upon receipt of a notice of intent under Section 65863.10, the department shall make the list available to the owner proposing the termination, prepayment, or removal of governmental assistance or to the owner of an assisted housing development in which there will be the expiration of rental restrictions. If the department does not make the list available at any time, the owner shall only be required to send a written copy of the opportunity to submit an offer to purchase notice to the qualified entities which directly contact the owner and to post a copy of the notice in the common area pursuant to subdivision (g). (3) (A) Monitor compliance with this section and Sections 65863.10 and 65863.13 by owners of assisted housing developments and, notwithstanding Section 10231.5, provide a report to the Legislature, which may be combined with the report submitted pursuant to Section 50408 of the Health and Safety Code, on or before December 31 of each year, containing information for the previous fiscal year, except that the report due December 31, 2022, shall include information for the 18 months from January 1, 2021, to June 30, 2022, inclusive, that includes, but is not limited to, the following: (i) The number of properties and rental units subject to this section and Sections 65863.10 and 65863.13. (ii) The number of properties and units that did any of the following: (I) Complied with the requirements of this section and Sections 65863.10 and 65863.13. (II) Failed to comply with the requirements of this section and Sections 65863.10 and 65863.13. (III) Were offered for sale and therefore subject to the purchase right provisions of this section. (IV) Were offered for sale and complied with the purchase right provisions of this section and the outcomes of the purchase right actions, including whether the property changed hands, to whom, and with what impact on affordability protections. (V) Were offered for sale and failed to comply with the purchase right provisions of this section, the reason for their failure to comply, and the impact of their failure to comply on the affordability protections and the tenants who were residing in the property at the time of the failure. (VI) Claimed exemptions from the obligations of this section pursuant to Section 65863.13 by category of reason for exemption. (VII) Claimed exemptions from the obligations of this section and lost affordability protections and the impact on the tenants of the loss of the affordability protections. (VIII) Were not offered for sale and complied with the requirement to properly execute and record a declaration. (IX) Were not for sale and failed to comply with the requirement to properly execute and record a declaration. (B) To facilitate the department’s compliance monitoring, owners of assisted housing developments in which at least 5 percent of the units on the property are subject to affordability restrictions or a rent or mortgage subsidy contract shall certify compliance with this section and Sections 65863.10 and 65863.13 to the department annually, under penalty of perjury, in a form as required by the department. (C) The department may request information, in a form prescribed by the department, from counties and cities that provide assistance to owners of projects as described in subparagraph (N) of paragraph (3) of subdivision (a) of Section 65863.10. (D) The report required to be submitted pursuant to this paragraph shall be submitted in compliance with Section 9795. (4) Refer violations of this section and Sections 65863.10 and 65863.13 to the Attorney General for appropriate enforcement action. (o) (1) The provisions of this section may be enforced either in law or in equity by any affected tenant, as defined in paragraph (2) of subdivision (a) of Section 65863.10, any qualified entity entitled to exercise the opportunity to purchase and right of first refusal under this section, a group of affected tenants that meets the requirements of a legitimate tenant organization, as defined in federal regulations, a tenant association, as defined in paragraph (4) of subdivision (a) of Section 65863.11, or any affected public entity that has been adversely affected by an owner’s failure to comply with this section. In any judicial action brought pursuant to this subdivision, the court may waive any bond requirement and may award attorney’s fees and costs to a prevailing plaintiff. (2) An owner may rely on the statements, claims, or representations of any person or entity that the person or entity is a qualified entity as specified in subdivision (d), unless the owner has actual knowledge that the purchaser is not a qualified entity. (3) If the person or entity is not an entity as specified in subdivision (d), that fact, in the absence of actual knowledge as described in paragraph (2), shall not give rise to any claim against the owner for a violation of this section. (p) It is the intent of the Legislature that the provisions of this section are in addition to, but not preemptive of, applicable federal laws governing the sale or other disposition of a development that would result in either (1) a discontinuance of its use as an assisted housing development or (2) the termination or expiration of any low-income use restrictions that apply to the development. (q) Except as provided in subparagraph (B) of paragraph (3) of subdivision (n), this section does not apply to either of the following: (1) An assisted housing development receiving government assistance as described in clauses (iv) to (viii), inclusive, of subparagraph (N) of paragraph (3) of subdivision (a) of Section 65863.10 in which 30 percent or less of the units are subject to affordability restrictions. (2) An assisted housing development in which 30 percent or less of the units are subject to affordability restrictions that was developed in compliance with a local ordinance, charter amendment, specific plan, resolution, or other land use policy or regulation requiring that a housing development contain a fixed percentage of units affordable to extremely low, very low, low-, or moderate-income households. (r) The department shall comply with any obligations under this section through the use of standards, forms, and definitions adopted by the department. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this section. Any standards, forms, or definitions adopted to implement this section shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (Amended by Stats. 2025, Ch. 203, Sec. 4. (AB 1529) Effective January 1, 2026.)
65863.12.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
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Before changing, closing, or stopping use of a floating home marina, the proposer must file an impact report and give copies to affected residents; the legislative body must review it and may require mitigation steps or fees.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) ## 65863.12. (a) Prior to the conversion of a floating home marina to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7), or prior to closure of a floating home marina or cessation of use of the land as a floating home marina, the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use upon the displaced residents of the floating home marina to be converted or closed. In determining the impact of the conversion, closure, or cessation of use on displaced floating home marina residents, the report shall address the availability of adequate replacement housing in floating home marinas and relocation costs. (b) The person proposing the change in use shall provide a copy of the report to a resident of each floating home in the floating home marina at least 15 days prior to the hearing, if any, on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body. (c) When the impact report is filed prior to the closure or cessation of use, the person or entity proposing the change shall provide a copy of the report to a resident of each floating home in the floating home marina at the same time as the notice of the change is provided to the residents pursuant to subdivision (f) of Section 800.71 of the Civil Code. (d) When the impact report is filed prior to the closure or cessation of use, the person or entity filing the report or any resident may request, and shall have a right to, a hearing before the legislative body on the sufficiency of the report. (e) The legislative body, or its delegated advisory agency, shall review the report, prior to any change of use, and may require, as a condition of the change, the person or entity to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced floating home marina residents to find adequate housing in a floating home marina. The steps required to be taken to mitigate shall not exceed the reasonable costs of relocation. (f) If the closure or cessation of use of a floating home marina results from the entry of an order for relief in bankruptcy, the provisions of this section shall not be applicable. (g) The legislative body may establish reasonable fees pursuant to Chapter 13 (commencing with Section 54990) of Part 1 of Division 2 of Title 5 to cover any costs incurred by the local agency in implementing this section. Those fees shall be paid by the person or entity proposing the change in use. (h) This section is applicable to charter cities. (i) This section is applicable when the closure, cessation, or change of use is the result of a decision by a local governmental entity or planning agency not to renew a conditional use permit or zoning variance under which the floating home marina has operated, or as a result of any other zoning or planning decision, action, or inaction. However, a state or local governmental agency is not required to take steps to mitigate the adverse impact of the change pursuant to subdivision (e). (j) This section applies to any floating home marina as defined in Section 800.4 of the Civil Code, and to any marina or harbor (1) which is managed by a nonprofit organization, the property, assets, and profits of which may not inure to any individual or group of individuals, but only to another nonprofit organization; (2) the rules and regulations of which are set by majority vote of the berthholders thereof; and (3) which contains berths for fewer than 25 floating homes. (Amended by Stats. 2009, Ch. 500, Sec. 48. (AB 1059) Effective January 1, 2010.)
65863.13.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
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This section exempts some owners from certain notice requirements if a qualifying regulatory agreement is recorded and other listed conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) ## 65863.13. (a) An owner shall not be required to provide a notice as required by Section 65863.10 or 65863.11 if all of the following conditions are contained in a regulatory agreement that has been or will be recorded against the property at the close of escrow of the sale of the property and the owner of the property complies with the requirements below during the escrow period: (1) No low-income tenant whose rent was restricted and or subsidized and who resides in the development within 12 months of the date that the rent restrictions are, or subsidy is, scheduled to expire or terminate shall be involuntarily displaced on a permanent basis as a result of the action by the owner unless the tenant has breached the terms of the lease. (2) The owner shall accept and fully utilize all renewals of project-based assistance under Section 8 of the United States Housing Act of 1937, if available, and if that assistance is at a level to maintain the project’s fiscal viability. The property shall be deemed fiscally viable if the rents permitted under the terms of the assistance are not less than the regulated rent levels established pursuant to paragraph (7). (3) The owner shall accept all enhanced Section 8 vouchers, if the tenants receive them, and all other Section 8 vouchers for future vacancies. (4) The owner shall not terminate a tenancy of a low-income household at the end of a lease term without demonstrating a breach of the lease. The owner shall not terminate a tenancy of a low-income household due to a planned renovation of the property. (5) The owner may, in selecting eligible applicants for admission, utilize criteria that permit consideration of the amount of income, as long as the owner adequately considers other factors relevant to an applicant’s ability to pay rent. (6) For assisted housing developments described in paragraph (3) of subdivision (a) of Section 65863.10, a new regulatory agreement, consistent with this section, is recorded that restricts the rents and incomes of the previously restricted units, except as provided in paragraph (7), (8), or (9), to an equal or greater level of affordability than previously required so that the units are affordable to households at the same or a lower percentage of area median income. (7) For housing developments that have units with project-based rental assistance upon the effective date of prepayment and subsequently become unassisted by any form of rental assistance, rents shall not exceed 30 percent of 60 percent of the area median income. If any form of rental assistance is or becomes available, the owner shall apply for and accept, if awarded, the rental assistance. Rent and occupancy levels shall then be set in accordance with federal regulations for the rental assistance program. (8) For units that do not have project-based rental assistance upon the effective date of prepayment of a federally insured, federally held, or formerly federally insured or held mortgage and subsequently remain unassisted or become unassisted by any form of rental assistance, rents shall not exceed the greater of (i) 30 percent of 50 percent of the area median income, or (ii) for projects insured under Section 241(f) of the National Housing Act, the regulated rents, expressed as a percentage of area median income. If any form of rental assistance is or becomes available, the owner shall apply for and accept, if awarded, the rental assistance. Rent and occupancy levels shall then be set in accordance with federal regulations governing the rental assistance program. (9) If, upon the recordation of the new regulatory agreement, any unit governed by regulatory agreement is occupied by a household whose income exceeds the applicable limit, the rent for that household shall not exceed 30 percent of that household’s adjusted income, provided that household’s rent shall not be increased by more than 10 percent annually. (b) As used in this section, “regulatory agreement” means an agreement with a governmental agency for the purposes of any governmental program, which agreement applies to the development that would be subject to the notice requirement in Section 65863.10 and which obligates the owner and any successors in interest to maintain the affordability of the assisted housing development for households of very low, low, or moderate income for the greater of the term of the existing federal, state, or local government assistance specified in subdivision (a) of Section 65863.10 or 30 years. (c) Section 65863.11 shall not apply to any development for which the owner is exempt from the notice requirements of Section 65863.10 pursuant to this section. (Amended by Stats. 2024, Ch. 281, Sec. 3. (AB 2926) Effective January 1, 2025.)
65863.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
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Near public transit, public agencies generally may not require minimum parking, with limited exceptions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) ## 65863.2. (a) A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit. (b) Notwithstanding subdivision (a), a city, county, or city and county may impose or enforce minimum automobile parking requirements on a project that is located within one-half mile of public transit if the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following: (1) The city’s, county’s, or city and county’s ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households. (2) The city’s, county’s, or city and county’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583. (3) Existing residential or commercial parking within one-half mile of the housing development project. (c) For a housing development project, subdivision (b) shall not apply if the housing development project satisfies any of the following: (1) The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities. (2) The development contains fewer than 20 housing units. (3) The development is subject to parking reductions based on the provisions of any other applicable law. (d) Notwithstanding subdivision (a), an event center shall provide parking, as required by local ordinance, for employees and other workers. (e) For purposes of this section: (1) “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5. (2) “Low- and very low income households” means the same as “lower income households” as defined in Section 50079.5 of the Health and Safety Code. (3) “Moderate-income households” means the same as “persons and families of moderate income,” as defined in Section 50093 of the Health and Safety Code. (4) “Public agency” means the state or any state agency, board, or commission, any city, county, city and county, including charter cities, or special district, or any agency, board, or commission of the city, county, city and county, special district, joint powers authority, or other political subdivision. (5) “Public transit” means a major transit stop as defined in Section 21155 of the Public Resources Code. (6) “Project” does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code. (f) This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development that is located within one-half mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this section did not apply. (g) When a project provides parking voluntarily, a public agency may impose requirements on that voluntary parking to require spaces for car share vehicles, require spaces to be shared with the public, or require parking owners to charge for parking. A public agency may not require that voluntarily provided parking is provided to residents free of charge. (h) (1) Subdivision (a) shall not apply to commercial parking requirements if it conflicts with an existing contractual agreement of the public agency that was executed before January 1, 2023, provided that all of the required commercial parking is shared with the public. This subdivision shall apply to an existing contractual agreement that is amended after January 1, 2023, provided that the amendments do not increase commercial parking requirements. (2) A project may voluntarily build additional parking that is not shared with the public. (i) The Legislature finds and declares that the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increased greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section. (Added by Stats. 2022, Ch. 459, Sec. 2. (AB 2097) Effective January 1, 2023.)
65863.2.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
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A qualifying development project in a preferential parking area must be excluded from that area, and the local authority may not issue preferential parking permits to its residents or visitors, except for permits to residents of certain deed-restricted low-income units.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) ## 65863.2.1. (a) For purposes of this section: (1) “Development project” means a residential, commercial, or other development project exempt from minimum automobile parking requirements pursuant to Section 65863.2, or subject to parking minimum reductions based on any other applicable law, located within the boundaries of the City of Los Angeles. “Development project” shall not mean a residential project with 20 or fewer units. (2) “Local authority” has the same meaning as defined in Section 385 of the Vehicle Code. (b) If a development project is located within a preferential parking area established pursuant to subdivision (a) of Section 22507 of the Vehicle Code, except as provided in subdivision (c), both of the following shall apply: (1) The development project shall be excluded from the boundaries of the preferential parking area. (2) The local authority shall not issue any permit to the residents or visitors of the development project that grants preferential parking privileges. (c) Nothing in this section shall prohibit a local authority from issuing a permit or permits to residents who occupy deed-restricted units intended for households that are very low income households as defined in Section 50105 of the Health and Safety Code, extremely low income households as defined in Section 50106 of the Health and Safety Code, or lower income households as defined in Section 50079.5 of the Health and Safety Code, within development projects. (Added by Stats. 2024, Ch. 415, Sec. 1. (AB 2712) Effective January 1, 2025.)
65863.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
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A public agency may not raise the minimum parking requirement for a single-family residence when approving a remodel, renovation, or addition if the project stays within applicable size limits.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) ## 65863.3. (a) A public agency shall not increase the minimum parking requirement that applies to a single-family residence as a condition of approval of a project to remodel, renovate, or add to a single-family residence provided that the project does not cause the single-family residence to exceed any maximum size limit imposed by the applicable zoning regulations, including, but not limited to, height, lot coverage, and floor-to-area ratio. (b) For purposes of this section, “public agency” means the state or any state agency, board or commission, any city, county, city and county, including charter cities, or special district, or any agency, board, or commission of the city, county, city and county, special district, joint powers authority, or other political subdivision. (c) The Legislature finds and declares that the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increased greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section. (d) This section shall not be construed to allow a local agency to impose parking restrictions that are more restrictive than the requirements a local agency is authorized to impose under Article 2 (commencing with Section 66314) of Chapter 13 if the single-family residence is on the same lot as an accessory dwelling unit. (Amended by Stats. 2024, Ch. 7, Sec. 18. (SB 477) Effective March 25, 2024.)
65863.4.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
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Before noticing certain zoning hearings, the planning commission and legislative body must approve and hear a nonconforming use ordinance for damaged or destroyed multifamily dwellings, and notice must be given under Section 65090.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) ## 65863.4. (a) Prior to noticing a public hearing on a proposed zoning ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized for multifamily dwelling uses, the planning commission and legislative body shall approve a nonconforming use ordinance for multifamily dwellings that are involuntarily damaged or destroyed, which may be conditioned on the approval of an ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized for multifamily dwelling uses. (b) The planning commission and legislative body shall hold a public hearing on the proposed nonconforming use ordinance. Notice of the public hearing shall be given pursuant to Section 65090. If this hearing is held at the same time as a hearing under Section 65353 or 65854, notice for the hearings may be combined. (c) A nonconforming multifamily dwelling ordinance need not apply to multifamily dwellings which have been abandoned for a specified period prior to being involuntarily damaged or destroyed, or to multifamily dwellings constituting a public nuisance prior to being involuntarily damaged or destroyed. (d) For purposes of this section, “multifamily dwelling” means any structure designed for human habitation that has been divided into two or more legally created independent living quarters. (e) This section shall not apply to either of the following: (1) A city, county, or city and county that has adopted a nonconforming use ordinance that applies to multifamily dwellings that are involuntarily damaged or destroyed. (2) A proposed zoning ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized for multifamily dwelling uses, that has been requested by the owner of the property authorized for multifamily dwelling uses. (f) Notwithstanding Section 65803, and except as provided in subdivision (e), this section shall also apply to a charter city. (Amended by Stats. 2018, Ch. 856, Sec. 8. (SB 1333) Effective January 1, 2019.)
65863.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
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City or county officials must notify the county assessor within 30 days when certain zoning changes or permits are granted.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) ## 65863.5. Whenever the zoning covering a property is changed from one zone to another or a zoning variance or conditional use permit is granted with respect to any property, the governing body of the city or county shall, within 30 days, notify the county assessor of such action. Notwithstanding Section 65803, this section shall apply to charter cities. (Amended (as added by Stats. 1975, Ch. 1022) by Stats. 1980, Ch. 411, Sec. 1. Effective July 11, 1980. Operative January 1, 1981.)
65863.6.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
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Counties and cities must consider regional housing needs and balance them against public service, fiscal, and environmental resources; ordinances that cap annual housing units must include findings justifying the reduction.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) ## 65863.6. (a) In carrying out this chapter, each county and city shall consider the effect of ordinances adopted pursuant to this chapter on the housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources. Any ordinance adopted pursuant to this chapter which, by its terms, limits the number of housing units which may be constructed on an annual basis shall contain findings as to the public health, safety, and welfare of the city or county to be promoted by the adoption of the ordinance which justify reducing the housing opportunities of the region. (b) Notwithstanding Section 65803, this section shall also apply to a charter city. (Amended by Stats. 2018, Ch. 856, Sec. 9. (SB 1333) Effective January 1, 2019.)
65863.7.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
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Before converting or closing a mobilehome park, the proposer must file an impact report and meet notice, payment, and mitigation duties; the legislative body also reviews the report and can impose conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) ## 65863.7. (a) (1) (A) Prior to the conversion of a mobilehome park to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)), or prior to closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park. The report shall include a replacement and relocation plan that adequately mitigates the impact upon the ability of the displaced residents of the mobilehome park to be converted or closed to find adequate housing in a mobilehome park. (B) (i) If the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, as described in subdivision (k), the impact report described in subparagraph (A) shall also include a technical service inspection report from the Department of Housing and Community Development that identifies the observed conditions within the park. Technical service has the same meaning as in Section 1002 of Title 25 of the California Code of Regulations. (ii) For purposes of this subparagraph, management, as defined in Section 798.2 of the Civil Code, is the person or entity proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e). (2) (A) If a displaced resident cannot obtain adequate housing in another mobilehome park, the person or entity proposing the change of use shall pay to the displaced resident the in-place market value of the displaced resident’s mobilehome. (B) For the purposes of this paragraph, except as specified in subparagraph (B) of paragraph (1) of subdivision (e), in-place market value shall be determined by a state-certified appraiser with experience establishing the value of mobilehomes. The appraisal shall be based upon the current in-place location of the mobilehome and shall assume the continuation of the mobilehome park. (C) The person or entity proposing the change of use shall pay for an appraisal specified in subparagraph (B) and shall include the appraisal in the report specified in paragraph (1). (D) This paragraph shall not apply when the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, as defined in Section 798.64 of the Civil Code. (b) The person proposing the change in use shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at least 60 days prior to the hearing, if any, on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body. (c) When the impact report is filed prior to the closure or cessation of use, the person or entity proposing the change shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at the same time as the notice of the change is provided to the residents pursuant to paragraph (2) of subdivision (g) of Section 798.56 of the Civil Code. (d) When the impact report is filed prior to the closure or cessation of use, the person or entity filing the report or park resident may request, and shall have a right to, a hearing before the legislative body on the sufficiency of the report. (e) (1) Before the approval of any change of use, the legislative body, or its delegated advisory agency, shall do all of the following: (A) Review the report and any additional relevant documentation. (B) Make a finding as to whether or not approval of the park closure and the park’s conversion into its intended new use, taking into consideration both the impact report as a whole and the overall housing availability within the local jurisdiction, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the local jurisdiction. (2) The legislative body, or its delegated advisory agency, may require, as a condition of the change, the person or entity proposing the change in use to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park. (f) If the closure or cessation of use of a mobilehome park results from the entry of an order for relief in bankruptcy, the provisions of this section shall not be applicable. (g) The legislative body may establish reasonable fees pursuant to Section 66016 to cover any costs incurred by the local agency in implementing this section and Section 65863.8. Those fees shall be paid by the person or entity proposing the change in use. (h) This section is applicable to charter cities. (i) This section is applicable when the closure, cessation, or change of use is the result of a decision by a local governmental entity or planning agency not to renew a conditional use permit or zoning variance under which the mobilehome park has operated, or as a result of any other zoning or planning decision, action, or inaction. In this case, the local governmental agency is the person proposing the change in use for the purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e). (j) This section is applicable when the closure, cessation, or change of use is the result of a decision by an enforcement agency, as defined in Section 18207 of the Health and Safety Code, to suspend the permit to operate the mobilehome park. In this case, the mobilehome park owner is the person proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e). (k) This section, except paragraph (2) of subdivision (a), is applicable when the closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster as defined in Section 798.64 of the Civil Code. (l) This section establishes a minimum standard for local regulation of the conversion of a mobilehome park to another use, the closure of a mobilehome park, and the cessation of use of the land as a mobilehome park and shall not prevent a local agency from enacting more stringent measures. (Amended by Stats. 2025, Ch. 547, Sec. 5. (SB 610) Effective January 1, 2026.)
65863.8.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
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When a local agency receives an application to convert a mobilehome park to another use, it must give the applicant written notice at least 30 days before any hearing or other action and explain how the applicant must verify resident notice.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) ## 65863.8. (a) A local agency to which application has been made for the conversion of a mobilehome park to another use shall, at least 30 days prior to a hearing or any other action on the application, inform the applicant in writing of the provisions of Section 798.56 of the Civil Code and all applicable local requirements which impose upon the applicant a duty to notify residents and mobilehome owners of the mobilehome park of the proposed change in use, and shall specify therein the manner in which the applicant shall verify that residents and mobilehome owners of the mobilehome park have been notified of the proposed change in use. Neither a hearing on the application, nor any other action thereon, shall be taken by the local agency before the applicant has satisfactorily verified that the residents and mobilehome owners have been so notified, in the manner prescribed by law or local regulation. (b) Notwithstanding Section 65803, this section shall also apply to a charter city. (Amended by Stats. 2018, Ch. 856, Sec. 10. (SB 1333) Effective January 1, 2019.)
65863.9.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. )
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Certain permits tied to a tentative subdivision map for a planned unit development cannot expire before the approved tentative map, or any extension of it, unless the permit itself shows an earlier expiration.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2. Adoption of Regulations [65850 - 65863.13] ( Article 2 added by Stats. 1965, Ch. 1880. ) ## 65863.9. Unless an earlier expiration appears on the face of the permit, any permit which is issued by a local agency in conjunction with a tentative subdivision map for a planned unit development shall expire no sooner than the approved tentative map, or any extension thereof, whichever occurs later. Local coastal development permits issued by a local agency in conjunction with a tentative subdivision map for a planned unit development shall expire no sooner than the approved tentative map, and any extension of the map shall be in accordance with the applicable local coastal program, if any, which is in effect. (Added by Stats. 1984, Ch. 990, Sec. 1.)
65864.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
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The section says applicants and local governments may, when possible, put reimbursement provisions in development agreements for financing public facilities.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65864. The Legislature finds and declares that: (a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. (b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. (c) The lack of public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, is a serious impediment to the development of new housing. Whenever possible, applicants and local governments may include provisions in agreements whereby applicants are reimbursed over time for financing public facilities. (Amended by Stats. 1984, Ch. 143, Sec. 1.)
65865.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
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Cities, counties, and city and counties may enter development agreements, but they must set procedures when asked and follow Section 66006 for covered fees and recovered costs. A city agreement for unincorporated territory only becomes operative if annexation is completed on time.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65865. (a) Any city, county, or city and county, may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article. (b) Any city may enter into a development agreement with any person having a legal or equitable interest in real property in unincorporated territory within that city’s sphere of influence for the development of the property as provided in this article. However, the agreement shall not become operative unless annexation proceedings annexing the property to the city are completed within the period of time specified by the agreement. If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement is null and void. (c) Every city, county, or city and county, shall, upon request of an applicant, by resolution or ordinance, establish procedures and requirements for the consideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property. (d) A city, county, or city and county may recover from applicants the direct costs associated with adopting a resolution or ordinance to establish procedures and requirements for the consideration of development agreements. (e) For any development agreement entered into on or after January 1, 2004, a city, county, or city and county shall comply with Section 66006 with respect to any fee it receives or cost it recovers pursuant to this article. (Amended by Stats. 2003, Ch. 288, Sec. 1. Effective January 1, 2004.)
65865.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
Verify source ↗

Development-agreement procedures must require review at least every 12 months, and the applicant or successor must show good-faith compliance at that review.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65865.1. Procedures established pursuant to Section 65865 shall include provisions requiring periodic review at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the local agency finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the local agency may terminate or modify the agreement. (Added by Stats. 1979, Ch. 934.)
65865.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
Verify source ↗

A development agreement must state key project terms, and it may also include certain timing, restriction, and financing provisions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65865.2. A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time. (Amended by Stats. 1984, Ch. 143, Sec. 2.)
65865.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
Verify source ↗

This section says certain county development agreements stay valid after incorporation or annexation, and the city may modify or suspend them only for health or safety reasons.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65865.3. (a) Except as otherwise provided in subdivisions (b) and (c), Section 65868, or Section 65869.5, notwithstanding any other law, if a newly incorporated city or newly annexed area comprises territory that was formerly unincorporated, any development agreement entered into by the county prior to the effective date of the incorporation or annexation shall remain valid for the duration of the agreement, or eight years from the effective date of the incorporation or annexation, whichever is earlier. The holder of the development agreement and the city may agree that the development agreement shall remain valid for more than eight years, provided that the longer period shall not exceed 15 years from the effective date of the incorporation or annexation. The holder of the development agreement and the city shall have the same rights and obligations with respect to each other as if the property had remained in the unincorporated territory of the county. (b) The city may modify or suspend the provisions of the development agreement if the city determines that the failure of the city to do so would place the residents of the territory subject to the development agreement, or the residents of the city, or both, in a condition dangerous to their health or safety, or both. (c) Except as otherwise provided in subdivision (d), this section applies to any development agreement which meets all of the following requirements: (1) The application for the agreement is submitted to the county prior to the date that the first signature was affixed to the petition for incorporation or annexation pursuant to Section 56704 or the adoption of the resolution pursuant to Section 56800, whichever occurs first. (2) The county enters into the agreement with the applicant prior to the date of the election on the question of incorporation or annexation, or, in the case of an annexation without an election pursuant to Section 57075, prior to the date that the conducting authority orders the annexation. (3) The annexation proposal is initiated by the city. If the annexation proposal is initiated by a petitioner other than the city, the development agreement is valid unless the city adopts written findings that implementation of the development agreement would create a condition injurious to the health, safety, or welfare of city residents. (d) This section does not apply to any territory subject to a development agreement if that territory is incorporated and the effective date of the incorporation is prior to January 1, 1987. (Amended by Stats. 1989, Ch. 664, Sec. 1.)
65865.4.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
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A development agreement remains enforceable by any party to it, even if related plans or regulations later change, unless it is amended, canceled, modified, or suspended under the cited sections.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65865.4. Unless amended or canceled pursuant to Section 65868, or modified or suspended pursuant to Section 65869.5, and except as otherwise provided in subdivision (b) of Section 65865.3, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city, county, or city and county entering the agreement, which alters or amends the rules, regulations, or policies specified in Section 65866. (Amended by Stats. 1986, Ch. 857, Sec. 3.)
65865.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
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A city or county legislative body in the Sacramento-San Joaquin Valley may not enter a development agreement for property in a flood hazard zone unless specified flood-protection findings are made.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65865.5. (a) Notwithstanding any other law, after the amendments required by Sections 65302.9 and 65860.1 have become effective, the legislative body of a city or county within the Sacramento-San Joaquin Valley shall not enter into a development agreement for property that is located within a flood hazard zone unless the city or county finds, based on substantial evidence in the record, one of the following: (1) The facilities of the State Plan of Flood Control or other flood management facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas. (2) The city or county has imposed conditions on the development agreement that will protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas. (3) The local flood management agency has made adequate progress on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system. Except as provided in Sections 65962.1, 65962.2, and 65962.4, for urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025. (4) The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record. (b) The effective date of amendments referred to in this section shall be the date upon which the statutes of limitation specified in subdivision (c) of Section 65009 have run or, if the amendments and any associated environmental documents are challenged in court, the validity of the amendments and any associated environmental documents has been upheld in a final decision. (c) This section does not change or diminish existing requirements of local flood plain management laws, ordinances, resolutions, or regulations necessary to local agency participation in the national flood insurance program. (Amended by Stats. 2025, Ch. 777, Sec. 1. (SB 639) Effective January 1, 2026.)
65866.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
Verify source ↗

Development agreements generally lock in the land-use rules, density rules, and design/construction standards in effect when the agreement is signed, unless the agreement says otherwise.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65866. (a) Unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent a city, county, or city and county, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent a city, county, or city and county from denying or conditionally approving any subsequent development project application on the basis of these existing or new rules, regulations, and policies. (b) Notwithstanding Section 65803, this section shall also apply to a charter city. (Amended by Stats. 2018, Ch. 856, Sec. 11. (SB 1333) Effective January 1, 2019.)
65867.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
Verify source ↗

The planning agency and legislative body must hold a public hearing on a development agreement application, and notice of intent to consider adoption must be given under Sections 65090 and 65091 plus any other required notice.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65867. A public hearing on an application for a development agreement shall be held by the planning agency and by the legislative body. Notice of intention to consider adoption of a development agreement shall be given as provided in Sections 65090 and 65091 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. (Amended by Stats. 1984, Ch. 1009, Sec. 26.)
65867.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
Verify source ↗

Development agreements must be approved by ordinance, and the legislative body may approve them only if specified consistency findings are made.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65867.5. (a) A development agreement is a legislative act that shall be approved by ordinance and is subject to referendum. (b) A development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. (c) A development agreement that includes a subdivision, as defined in Section 66473.7, shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with Section 66473.7. (d) Notwithstanding Section 65803, this section shall also apply to a charter city. (Amended by Stats. 2018, Ch. 856, Sec. 12. (SB 1333) Effective January 1, 2019.)
65868.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
Verify source ↗

A development agreement may be amended or canceled by mutual consent of the parties or their successors in interest.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65868. A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Section 65867. An amendment to an agreement shall be subject to the provisions of Section 65867.5. (Added by Stats. 1979, Ch. 934.)
65868.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
Verify source ↗

After a development agreement is entered, the legislative body’s clerk must record a copy with the county recorder within 10 days.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65868.5. No later than 10 days after a city, county, or city and county enters into a development agreement, the clerk of the legislative body shall record with the county recorder a copy of the agreement, which shall describe the land subject thereto. From and after the time of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of this state. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. (Added by Stats. 1979, Ch. 934.)
65869.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
Verify source ↗

A development agreement does not apply to a project in a required coastal program area unless the program was certified before the agreement or the California Coastal Commission approves it.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65869. A development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared and certified pursuant to the requirements of Division 20 (commencing with Section 30000) of the Public Resources Code, unless: (1) the required local coastal program has been certified as required by such provisions prior to the date on which the development agreement is entered into, or (2) in the event that the required local coastal program has not been certified, the California Coastal Commission approves such development agreement by formal commission action. (Added by Stats. 1979, Ch. 934.)
65869.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. )
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Some development-agreement provisions must be modified or suspended if later state or federal laws make compliance impossible, and a pre-July 1, 2018 charter-city development agreement is not required to comply with this article.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.5. Development Agreements [65864 - 65869.5] ( Article 2.5 added by Stats. 1979, Ch. 934. ) ## 65869.5. (a) If state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, those provisions of the agreement shall be modified or suspended as may be necessary to comply with those state or federal laws or regulations. (b) Notwithstanding Section 65803, a development agreement entered into by a charter city before July 1, 2018, shall not be required to comply with this article. (Amended by Stats. 2018, Ch. 856, Sec. 13. (SB 1333) Effective January 1, 2019.)
6587.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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This section says the article is supplemental and does not limit other laws about public capital improvements, local indebtedness, or other powers of an authority under the chapter.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6587. This article does not limit any other law authorizing, or providing for, the financing of public capital improvements. Likewise, this article does not limit any other law regarding local indebtedness, or limit the exercise of any other power of an authority created pursuant to this chapter. This article shall be deemed to provide a complete and supplemental method for exercising the powers authorized by this article, and shall be deemed as being supplemental to the powers conferred by other applicable laws. The issuance of bonds, financing, or refinancing under this article need not comply with the requirements of any other state laws applicable to the issuance of bonds, including, but not limited to, other articles of this chapter. (Amended by Stats. 1989, Ch. 1264, Sec. 4.)
65870.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.7. Covenants for Easement [65870 - 65875] ( Article 2.7 added by Stats. 1985, Ch. 996, Sec. 1. )
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Any city or county may adopt an ordinance imposing covenants under this article.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.7. Covenants for Easement [65870 - 65875] ( Article 2.7 added by Stats. 1985, Ch. 996, Sec. 1. ) ## 65870. Any city or county may adopt an ordinance for the imposition of covenants pursuant to this article. (Added by Stats. 1985, Ch. 996, Sec. 1.)
65871.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.7. Covenants for Easement [65870 - 65875] ( Article 2.7 added by Stats. 1985, Ch. 996, Sec. 1. )
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This section allows an easement to be created by a recorded covenant of easement made by a real property owner to a city or county, if an implementing ordinance exists.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.7. Covenants for Easement [65870 - 65875] ( Article 2.7 added by Stats. 1985, Ch. 996, Sec. 1. ) ## 65871. (a) In addition to any other method for the creation of an easement, an easement may be created pursuant to an ordinance adopted implementing this article, by a recorded covenant of easement made by an owner of real property to the city or county. An easement created pursuant to this article may be for parking, ingress, egress, emergency access, light and air access, landscaping, or open-space purposes. (b) At the time of recording of the covenant of easement, all the real property benefited or burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code, except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property. (c) A covenant of easement recorded pursuant to this section shall describe the real property to be subject to the easement and the real property to be benefited thereby. The covenant of easement shall also identify the approval, permit, or designation granted which relied upon or required the covenant. (d) A covenant executed pursuant to this section shall be enforceable by the successors in interest to the real property benefited by the covenant. (Added by Stats. 1985, Ch. 996, Sec. 1.)
65873.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.7. Covenants for Easement [65870 - 65875] ( Article 2.7 added by Stats. 1985, Ch. 996, Sec. 1. )
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A covenant of easement must be recorded in the county where the restricted property is located, include a legal description, and be executed by the property owner.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.7. Covenants for Easement [65870 - 65875] ( Article 2.7 added by Stats. 1985, Ch. 996, Sec. 1. ) ## 65873. The covenant of easement shall be recorded in the county where all or a portion of the restricted property is located and shall contain a legal description of the real property and be executed by the owner of the real property. From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording laws of this state. Upon recordation, the burdens of the covenant shall be binding upon, and the benefits of the covenant shall inure to, all successors in interest to the real property. (Added by Stats. 1985, Ch. 996, Sec. 1.)
65874.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.7. Covenants for Easement [65870 - 65875] ( Article 2.7 added by Stats. 1985, Ch. 996, Sec. 1. )
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The ordinance must provide a way to release the covenant, including a public hearing and recording the release when the property restriction is no longer needed.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.7. Covenants for Easement [65870 - 65875] ( Article 2.7 added by Stats. 1985, Ch. 996, Sec. 1. ) ## 65874. (a) The ordinance adopted pursuant to Section 65870 shall provide a procedure for the release of the covenant. The procedure shall require a public hearing by the agency designated by the ordinance for that purpose. The hearing shall be held at the request of any person whether or not that person has title to the real property. (b) Upon a determination that the restriction of the property is no longer necessary to achieve the land use goals of the city or county, a release shall be recorded by the city or county in the county where the restricted property is located. (c) The ordinance may provide for the imposition of fees to recover the reasonable costs of processing the release from those persons requesting the release pursuant to this section. (Added by Stats. 1985, Ch. 996, Sec. 1.)
65875.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.7. Covenants for Easement [65870 - 65875] ( Article 2.7 added by Stats. 1985, Ch. 996, Sec. 1. )
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Only the city or county and the owner of the burdened or benefited property may enforce or challenge the covenant, its amendments, or its release.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.7. Covenants for Easement [65870 - 65875] ( Article 2.7 added by Stats. 1985, Ch. 996, Sec. 1. ) ## 65875. Nothing in this article shall create in any person other than the city or county and the owner of the real property burdened or benefited by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom. (Added by Stats. 1985, Ch. 996, Sec. 1.)
6588.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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The authority may adopt bylaws, sue and be sued, issue bonds, make loans, lease or transfer project interests, invest funds, delegate powers, and charge fees subject to stated limits.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6588. In addition to other powers specified in an agreement pursuant to Article 1 (commencing with Section 6500) and Article 2 (commencing with Section 6540), the authority may do any or all of the following: (a) Adopt bylaws for the regulation of its affairs and the conduct of its business. (b) Sue and be sued in its own name. (c) Issue bonds, including, at the option of the authority, bonds bearing interest, to pay the cost of any public capital improvement, working capital, or liability or other insurance program. In addition, for any purpose for which an authority may execute and deliver or cause to be executed and delivered certificates of participation in a lease or installment sale agreement with any public or private entity, the authority, at its option, may issue or cause to be issued bonds, rather than certificates of participation, and enter into a loan agreement with the public or private entity. (d) Engage the services of private consultants to render professional and technical assistance and advice in carrying out the purposes of this article. (e) As provided by applicable law, employ and compensate bond counsel, financial consultants, and other advisers determined necessary by the authority in connection with the issuance and sale of any bonds. (f) Contract for engineering, architectural, accounting, or other services determined necessary by the authority for the successful development of a public capital improvement. (g) Pay the reasonable costs of consulting engineers, architects, accountants, and construction, land-use, recreation, and environmental experts employed by any sponsor or participant if the authority determines those services are necessary for the successful development of public capital improvements. (h) Take title to, sell by installment sale or otherwise, or lease lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in lands that are located within the state that the authority determines are necessary or convenient for the financing of public capital improvements, or any portion thereof. (i) Receive and accept from any source, loans, contributions, or grants, in either money, property, labor, or other things of value, for, or in aid of, the construction financing, or refinancing of public capital improvement, or any portion thereof or for the financing of working capital or insurance programs, or for the payment of the principal of and interest on bonds if the proceeds of those bonds are used for one or more of the purposes specified in this section. (j) Make secured or unsecured loans to any local agency in connection with the financing of capital improvement projects, working capital or insurance programs in accordance with an agreement between the authority and the local agency. However, no loan shall exceed the total cost of the public capital improvements, working capital or insurance needs of the local agency as determined by the local agency and by the authority. (k) Make secured or unsecured loans to any local agency in accordance with an agreement between the authority and the local agency to refinance indebtedness incurred by the local agency in connection with public capital improvements undertaken and completed. (l) Mortgage all or any portion of its interest in public capital improvements and the property on which any project is located, whether owned or thereafter acquired, including the granting of a security interest in any property, tangible or intangible. (m) Assign or pledge all or any portion of its interests in mortgages, deeds of trust, indentures of mortgage or trust, or similar instruments, notes, and security interests in property, tangible or intangible, of a local agency to which the authority has made loans, and the revenues therefrom, including payment or income from any interest owned or held by the authority, for the benefit of the holders of bonds issued to finance public capital improvements. The pledge of moneys, revenues, accounts, contract rights, or rights to payment of any kind made by or to the authority pursuant to the authority granted in this part shall be valid and binding from the time the pledge is made for the benefit of the pledgees and successors thereto, against all parties irrespective of whether the parties have notice of the claim. (n) Lease the public capital improvements being financed to a local agency, upon terms and conditions that the authority deems proper; charge and collect rents therefor; terminate any lease upon the failure of the lessee to comply with any of the obligations of the lease; include in any lease provisions that the lessee shall have options to renew the lease for a period or periods, and at rents as determined by the authority; purchase or sell by an installment agreement or otherwise any or all of the public capital improvements; or, upon payment of all the indebtedness incurred by the authority for the financing or refinancing of the public capital improvements, the authority may convey any or all of the project to the lessee or lessees. (o) Charge and apportion to local agencies that benefit from its services the administrative costs and expenses incurred in the exercise of the powers authorized by this article. These fees shall be set at a rate sufficient to recover, but not exceed, the authority’s costs of issuance and administration. The fee charged to each local obligation acquired by the pool shall not exceed that obligation’s proportionate share of those costs. The level of these fees shall be disclosed to the California Debt and Investment Advisory Commission pursuant to Section 6599.1. (p) Issue, obtain, or aid in obtaining, from any department or agency of the United States or of the state, or any private company, any insurance or guarantee to, or for, the payment or repayment of interest or principal, or both, or any part thereof, on any loan, lease, or obligation or any instrument evidencing or securing the same, made or entered into pursuant to this article. (q) Notwithstanding any other provision of this article, enter into any agreement, contract, or any other instrument with respect to any insurance or guarantee; accept payment in the manner and form as provided therein in the event of default by a local agency; and assign any insurance or guarantee that acts as security for the authority’s bonds. (r) Enter into any agreement or contract, execute any instrument, and perform any act or thing necessary, convenient, or desirable to carry out any power authorized by this article. (s) Invest any moneys held in reserve or sinking funds, or any moneys not required for immediate use or disbursement, in obligations that are authorized by law for the investment of trust funds. (t) At the request of affected local agencies, combine and pledge revenues to public capital improvements for repayment of one or more series of bonds issued pursuant to this article. (u) Delegate to any of its individual parties or other responsible individuals the power to act on its behalf subject to its general direction, guidelines, and oversight. (v) Purchase, with the proceeds of its bonds or its revenue, bonds issued by any local agency at public or negotiated sale. Bonds purchased pursuant to this subdivision may be held by the authority or sold to public or private purchasers at public or negotiated sale, in whole or in part, separately or together with other bonds issued by the authority. (w) Purchase, with the proceeds of its bonds or its revenue, VLF receivables sold to the authority pursuant to Section 6588.5. VLF receivables so purchased may be pledged to the payment of bonds issued by the authority or may be resold to public or private purchasers at public or negotiated sale, in whole or in part, separately or together with other VLF receivables purchased by the authority. (x) (1) Purchase, with the proceeds of its bonds or its revenue, Proposition 1A receivables pursuant to Section 6588.6. Proposition 1A receivables so purchased may be pledged to the payment of bonds issued by the authority or may be resold to public or private purchasers at public or negotiated sales, in whole or in part, separately or together with other Proposition 1A receivables purchased by the authority. (2) (A) All entities subject to a reduction of ad valorem property tax revenues required under Section 100.06 of the Revenue and Taxation Code pursuant to the suspension set forth in Section 100.05 of the Revenue and Taxation Code shall be afforded the opportunity to sell their Proposition 1A receivables to the authority. (B) If these entities offer Proposition 1A receivables to the authority for purchase and duly authorize the sale of the Proposition 1A receivable pursuant to documentation approved by the authority, the authority shall purchase all Proposition 1A receivables so offered to the extent it can sell bonds therefor. If the authority does not purchase all Proposition 1A receivables offered, it shall purchase a pro rata share of each entity’s offered Proposition 1A receivables. (C) The authority may establish a deadline, no earlier than November 3, 2009, by which these entities shall offer their Proposition 1A receivables for sale to the authority and complete the application required by the authority. (3) For purposes of meeting costs incurred in performing its duties relative to the purchase and sale of Proposition 1A receivables, the authority shall be authorized to charge a fee to each entity from which it purchases a Proposition 1A receivable. The fee shall be computed based on the percentage value of the Proposition 1A receivable purchased from each entity, in relation to the value of all Proposition 1A receivables purchased by the authority. The amount of the fee shall be paid from the proceeds of the bonds and shall be included in the principal amount of the bonds. (4) Terms and conditions of any and all fees and expenses charged by the authority, or those it contracts with, and the terms and conditions of sales of Proposition 1A receivables and bonds issued pursuant to this subdivision, including the terms of optional early redemption provisions, if any, shall be approved by the Treasurer and the Director of Finance, who shall not unreasonably withhold their approval. The aggregate principal amount of all bonds issued pursuant to this subdivision shall not exceed two billion two hundred fifty million dollars ($2,250,000,000), and the rate of interest paid on those bonds shall not exceed 8 percent per annum. The authority shall exercise its best efforts to obtain the lowest cost financing possible. Any and all premium obtained shall be used for either of the following: (A) Applied to pay the costs of issuance of the bonds. (B) Deposited in a trust account that is pledged to bondholders and used solely for the payment of interest on, or for repayment of, the bonds. (5) (A) In connection with any financing backed by Proposition 1A receivables, the Treasurer may retain financial advisors, legal counsel, and other consultants to assist in performing the duties required by this chapter and related to that financing. (B) Notwithstanding any other law, none of the following shall apply to any agreements entered into by the Treasurer pursuant to subparagraph (A) in connection with any Proposition 1A financing: (i) Section 11040 of the Government Code. (ii) Section 10295 of the Public Contract Code. (iii) Article 3 (commencing with Section 10300) and Article 4 (commencing with Section 10335) of, Chapter 2 of Part 2 of Division 2 of the Public Contract Code, except for the authority of the Department of Finance under Section 10336 of the Public Contract Code to direct a state agency to transmit to it a contract for review, and except for Section 10348.5 of the Public Contract Code. (C) Any costs incurred by the Treasurer in connection with any Proposition 1A financing shall be reimbursed out of the proceeds of the financing. (y) Set any other terms and conditions on any purchase or sale pursuant to this section as it deems by resolution to be necessary, appropriate, and in the public interest, in furtherance of the purposes of this article. (Amended by Stats. 2013, Ch. 219, Sec. 1. (SB 692) Effective January 1, 2014.)
6588.5.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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An authority may buy VLF receivables from local agencies and use or transfer them to secure bonds. Local agencies may sell those receivables and must notify the Controller and redirect payments to the authority when a sale takes effect.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6588.5. (a) An authority that was in existence at the time of the enactment of this section may purchase, with the proceeds of its bonds or its revenue, VLF receivables from one or more local agencies. The authority may pledge, assign, resell or otherwise transfer or hypothecate any VLF receivables for the purpose of securing bonds issued to finance the purchase price of the VLF receivables. (b) Notwithstanding any other provision of law, local agencies may sell VLF receivables to the authority, at one time or from time to time, and to enter into one or more sales agreements with an authority as and on the terms the local agency deems appropriate. The sales agreement may include covenants of, and binding on, the local agency necessary to establish and maintain the security of bonds issued by the authority for the purpose of purchasing the VLF receivables and, if applicable, the exclusion from gross income of interest on the bonds for federal income tax purposes. Any transfer of some or all of a VLF receivable by a local agency to the authority under this article that the governing documents state is a sale shall be treated as an absolute sale and transfer of the property so transferred to the authority and not as a pledge or grant of a security interest by the local agency to secure a borrowing. The characterization of the transfer of any VLF receivable as an absolute sale by the local agency shall not be negated or adversely affected by any of the following: (1) The fact that only a portion of the VLF receivable is transferred. (2) By the local agency’s acquisition of an ownership interest in any residual interest or a subordinate interest in the VLF receivable. (3) By any characterization of the authority or its bonds for purposes of accounting, taxation, or securities regulation. (4) By any other factor. (c) On and after the effective date of each transfer of a VLF receivable under this article that the governing documents state is a sale, the local agency shall have no right, title, or interest in or to the VLF receivable transferred, and the VLF receivable so transferred shall be the property of the authority and not of the local agency, and shall be owned, received, held, and disbursed only by the authority or any trustee or agent of the authority appointed by the authority. Any sale of some or all of any VLF receivable shall automatically be perfected without the need for physical delivery, recordation, filing, or further act, and the provisions of Division 9 (commencing with Section 9101) of the Commercial Code and Sections 954.5 to 955.1, inclusive, of the Civil Code shall not apply to the sale. None of the VLF receivables sold by the local agency pursuant to this article shall be subject to garnishment, levy, execution, attachment, or other process, writ, including, but not limited to, a writ of mandate, or remedy in connection with the assertion or enforcement of any debt, claim, settlement, or judgment against the local agency. On or before the effective date of any sale of a VLF receivable, the local agency shall notify the Controller that the VLF receivable has been sold to the authority and irrevocably instruct the payor that, as of the effective date, payments on the VLF receivable so sold are to be made directly to the authority or any trustee or agent appointed by the authority. (d) The state hereby covenants, for the benefit of the holders of any bonds issued by the authority pursuant to this article payable from VLF receivables purchased by the authority, that it will not take any action that would materially adversely affect the interest of the holders of these bonds or otherwise impair the security of these bonds, so long as any of these bonds remain outstanding. (Added by Stats. 2004, Ch. 211, Sec. 4. Effective August 5, 2004.)
6588.6.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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This section lets a qualifying authority buy Proposition 1A receivables and lets local agencies sell them, while setting transfer, notice, and reporting rules.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6588.6. (a) An authority that was in existence on July 28, 2009, may purchase, with the proceeds of its bonds or its revenue, Proposition 1A receivables from one or more local agencies. The authority may pledge, assign, resell, or otherwise transfer or hypothecate any Proposition 1A receivables for the purpose of securing bonds issued to finance the purchase price of the Proposition 1A receivables. (b) Notwithstanding any other law, local agencies may sell Proposition 1A receivables to the authority and enter into one or more sales agreements with an authority as, and on the terms, the local agency deems appropriate. The sales agreement may include covenants of, and binding on, the local agency as necessary to establish and maintain the security of bonds issued by the authority for the purpose of purchasing the Proposition 1A receivables and, if applicable, the exclusion from gross income of interest on the bonds for federal income tax purposes. Any transfer of some or all of a Proposition 1A receivable by a local agency to the authority under this article that the governing documents state is a sale shall be treated as an absolute sale and transfer of the property so transferred to the authority and not as a pledge or grant of a security interest by the local agency to secure a borrowing. The characterization of the transfer of any Proposition 1A receivable as an absolute sale by the local agency shall not be negated or adversely affected by any of the following: (1) The fact that only a portion of the Proposition 1A receivable is transferred. (2) By the local agency’s acquisition of an ownership interest in any residual interest or a subordinate interest in the Proposition 1A receivable. (3) By any characterization of the authority or its bonds for purposes of accounting, taxation, or securities regulation. (4) By any other factor. (c) On and after the effective date of each transfer of a Proposition 1A receivable under this article that the governing documents state is a sale, the local agency shall have no right, title, or interest in or to the Proposition 1A receivable transferred, and the Proposition 1A receivable so transferred shall be the property of the authority and not of the local agency, and shall be owned, received, held, and disbursed only by the authority or any trustee or agent of the authority appointed by the authority. Any sale of some or all of any Proposition 1A receivable shall automatically be perfected without the need for physical delivery, recordation, filing, or further act, and the provisions of Division 9 (commencing with Section 9101) of the Commercial Code and Sections 954.5 to 955.1, inclusive, of the Civil Code shall not apply to the sale. None of the Proposition 1A receivables sold by the local agency pursuant to this article shall be subject to garnishment, levy, execution, attachment, or other process, writ, including, but not limited to, a writ of mandate, or remedy in connection with the assertion or enforcement of any debt, claim, settlement, or judgment against the local agency. On or before the effective date of any sale of a Proposition 1A receivable, the local agency shall notify the Controller that the Proposition 1A receivable has been sold to the authority and irrevocably instruct the payer that, as of the effective date, payments on the Proposition 1A receivable so sold are to be made directly to the authority or any trustee or agent appointed by the authority. (d) The state hereby covenants, for the benefit of the holders of any bonds issued by the authority pursuant to this article payable from Proposition 1A receivables purchased by the authority, that it will not take any action that would materially adversely affect the interest of the holders of these bonds or otherwise impair the security of these bonds, so long as any of these bonds remain outstanding. (e) (1) On or before September 15, 2009, each county auditor shall prepare a list of each taxing agency within the county containing the name of the taxing agency and the estimated amount of the Proposition 1A receivable for each taxing agency. (2) On or before October 30, 2009, each county auditor shall prepare a list of each taxing agency within the county containing the name of the taxing agency and the final certified amount of the Proposition 1A receivable for each taxing agency. (3) A list prepared pursuant to paragraph (1) or (2) shall be made available to the authority, the Department of Finance, or any taxing agency upon request. (4) The authority and the holders of the authority’s bonds issued to finance Proposition 1A receivables shall be entitled to rely on the certified list prepared pursuant to paragraph (2). (Amended by Stats. 2009, Ch. 634, Sec. 3. (SB 67) Effective October 19, 2009.)
6588.7.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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This section lets eligible authorities finance utility projects with rate reduction bonds and impose utility project charges, while setting approval, reporting, collection, and lien rules.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6588.7. (a) An authority whose financing activities are limited to financing utility projects and projects for the use or benefit of public agencies providing water, wastewater, or electrical service may finance utility projects as provided in this section, including the issuance of rate reduction bonds and the imposition and adjustment of utility project charges. (b) (1) A local agency that owns and operates a publicly owned utility may apply to an authority specified in subdivision (a) to finance costs of a utility project for the publicly owned utility with the proceeds of rate reduction bonds if at the time of application, bonds payable from revenues of the publicly owned utility are, or upon issuance would be, rated investment grade by a nationally recognized rating agency. In its application to an authority for the financing or refinancing, the local agency shall specify the utility project to be financed by the rate reduction bonds, the maximum principal amount, the maximum interest rate, and the maximum stated terms of the rate reduction bonds. (2) (A) In order to allow the state to review the issuance of rate reduction bonds, collect data, ensure transparency, and conduct an independent analysis of the effectiveness of the use of rate reduction bonds pursuant to this section, the Capital Programs and Climate Financing Authority, as defined in Section 44504 of the Health and Safety Code, shall review each issue of bonds and shall determine whether the issue is qualified for issuance under the provisions of this section. The Capital Programs and Climate Financing Authority shall determine that an issue of rate reduction bonds is qualified for issuance under this section, if the issuance satisfies all of the following: (i) The issuance meets the criteria specified in paragraphs (1) to (3), inclusive, of subdivision (c), or, if the local agency elects to make a determination under paragraph (4) of subdivision (c), meets the criteria specified in paragraphs (1), (2), and (4) of subdivision (c). (ii) The projected financing costs fall within the normal range of financing costs for comparable types of debt issuance. (B) The Capital Programs and Climate Financing Authority shall determine that an issue of rate reduction bonds is qualified for issuance pursuant to subparagraph (A) solely on the basis of the submitted documentation referred to in subparagraph (A), and the determination shall not be conditional in any respect, including conditional on the submission or review of additional material after the determination. (3) The Capital Programs and Climate Financing Authority shall establish procedures for the expeditious review of a proposed issuance pursuant to this section, including, but not limited to, the establishment of reasonable application fees to reimburse the Capital Programs and Climate Financing Authority for costs incurred in administering this section. The Capital Programs and Climate Financing Authority may charge additional fees in an amount equal to the amount of any additional expenses incurred by the authority in retaining an independent financial advisor to review the application under circumstances involving the verification of all requirements of this section. Any fees for review and processing of the application shall be nonrefundable. (4) The Capital Programs and Climate Financing Authority shall provide an explanation in writing for any refusal to qualify a proposed issuance but may not alter or modify any term or condition related to the utility project property. (5) The Capital Programs and Climate Financing Authority shall take action on any completed application submitted to it pursuant to this section no later than the next meeting of the Capital Programs and Climate Financing Authority that occurs after at least 60 days following receipt of the application. (6) The review and qualification pursuant to this section may be concurrent with an authority’s processing of an application for financing or refinancing so as to allow for the issuance of rate reduction bonds as quickly as feasible. (7) Notwithstanding any other law, the Capital Programs and Climate Financing Authority may adopt regulations relating to this section as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3. For purposes of that chapter, including Section 11349.6, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. (8) (A) Annually, no later than March 31, the Capital Programs and Climate Financing Authority shall submit to the Legislature, including to the relevant legislative policy committees having jurisdiction over energy and public utilities issues, a report of its activities pursuant to this section for the preceding calendar year ending December 31. The Capital Programs and Climate Financing Authority shall require information from applicants to ensure that the necessary data is available to complete this report. The report may be submitted as a part of the report required pursuant to Section 44538 of the Health and Safety Code. The report shall include all of the following: (i) A listing of applications received. (ii) A listing of proposed issuances qualified under the provisions of this section. (iii) A report of bonds sold, the interest rates on the bonds, whether the bond sales were pursuant to public bid or were negotiated, and any rating given the bonds by a nationally recognized securities rating organization. (iv) A specification of proposed issuances qualified but not yet issued. (v) A comparison of the interest rates and transactional costs on issuances qualified under this section with interest rates on comparable types of debt issuance occurring at or near the same time as the issuances. (B) A report to be submitted pursuant to this paragraph shall be submitted in compliance with Section 9795. (9) The provisions of paragraphs (2) to (8), inclusive, shall not apply to the issuance of rate reduction bonds for a publicly owned utility if the determinations of the local agency pursuant to subdivision (c) are subject to review by a ratepayer advocate or similar entity whose function is to provide public independent analysis of a public utility’s actions as they relate to water, wastewater, or electric rates. (c) A local agency shall not apply to an authority for financing or refinancing of a utility project pursuant to this section unless the legislative body of the local agency has determined all of the following: (1) The project to be financed or refinanced is a utility project. (2) The local agency is electing to finance or refinance costs of the utility project pursuant to this section and the financing costs associated with the financing or refinancing are to be paid from utility project property, including the utility project charge for the rate reduction bonds issued for the utility project in accordance with this section. (3) Based on information available to, and projections used by, the legislative body, the rates of the publicly owned utility plus the utility project charge resulting from the financing or refinancing of the utility project with rate reduction bonds are expected to be lower than the rates of the publicly owned utility if the utility project was financed or refinanced with bonds payable from revenues of the publicly owned utility. (4) A local agency with a publicly owned utility having 500,000 or more retail customers may, in lieu of making the determination in paragraph (3), determine that the use of rate reduction bonds to finance or refinance utility projects provides substantial benefits to the publicly owned utility. These benefits may include, but are not limited to, lower interest rates on rate reduction bonds and more favorable capitalization and debt service coverage ratio treatment that results in gross or present value lifetime savings for the publicly owned utility. (d) (1) Subject to the requirements of Article XIII D of the California Constitution, to the extent applicable, an authority financing the costs of a utility project or projects for a local agency’s publicly owned utility with rate reduction bonds is authorized and directed to impose and collect a utility project charge with respect to the rate reduction bonds as provided in this section. The imposition of the utility project charge shall be made and evidenced by the adoption of a financing resolution by the governing body of the authority. Upon the issuance of rate reduction bonds, the financing resolution adopted in connection with the issuance of rate reduction bonds shall be irrevocable. The financing resolution with respect to financing or refinancing a utility project or projects with rate reduction bonds for a publicly owned utility shall include all of the following: (A) The addition of a separate charge to the bill of each customer of the publicly owned utility in the class or classes of customers specified in the financing resolution. (B) A description of the financial calculation, formula, or other method that the authority is to use to determine the utility project charge. The calculation, formula, or other method shall include a periodic adjustment method to the then current utility project charge, to be applied at least annually, that shall be used by the authority to correct for any overcollection or undercollection of financing costs from the utility project charge or any other adjustment necessary to ensure timely payment of the financing costs of the rate reduction bonds, including, but not limited to, the adjustment of the utility project charge to pay any debt service coverage requirement for the rate reduction bonds. The financial calculation, formula, or other method, including the periodic adjustment method, established in the financing resolution pursuant to this section, and the allocation of utility project charges to, and among, customers of the publicly owned utility shall be decided solely by the governing body of the authority and shall be final and conclusive. In no event shall the periodic adjustment method established in the financing resolution be applied less frequently than required by the financing resolution and the documents relating to the applicable rate reduction bonds. Once the financial calculation, formula, or other method for determining the utility project charge, and the periodic adjustment method, have been established in the financing resolution and have become final and conclusive as provided in this section, they shall not be changed. (C) Notwithstanding any other provision of this section, the imposition of a utility project charge shall comply with the requirements of Article XIII D of the California Constitution, to the extent applicable, including, but not limited to, the provision of a notice containing the initial amount of the proposed utility project charge and the periodic adjustment method by which the utility project charge amount could subsequently change. (D) A requirement that the authority enter into a servicing agreement for the collection of the utility project charge with the local agency for which the financing is undertaken or its publicly owned utility and the local agency or its publicly owned utility shall act as a servicing agent for purposes of collecting the utility project charge as long as the servicing agreement remains in effect. Moneys collected by the local agency or its publicly owned utility, acting as a servicing agent on behalf of the authority, as a utility project charge shall be held in trust for the exclusive benefit of the persons entitled to the financing costs to be paid, directly or indirectly, from the utility project charge and shall not lose their character as revenues of the authority by virtue of possession by the local agency or its publicly owned utility. The local agency or its publicly owned utility shall provide the authority with the information as to estimated sales of water, wastewater, or electrical services and any other information concerning the publicly owned utility required by the authority in connection with the initial establishment and the adjustment of the utility project charge. (2) The determination of the legislative body of the local agency that a project to be financed with rate reduction bonds is a utility project shall be final and conclusive and the rate reduction bonds issued to finance the utility project and the utility project charge imposed relating to the rate reduction bonds shall be valid and enforceable in accordance with the terms of the financing resolution and the documents relating to the rate reduction bonds. The authority shall require, in its financing resolution with respect to a utility project charge, that as long as a customer in the class or classes of customers specified in the financing resolution receive water or electricity or discharge wastewater through the facilities of the publicly owned utility, the customer shall pay the utility project charge regardless of whether or not the customer has an agreement to purchase water or electricity or discharge wastewater from a person or entity other than the publicly owned utility. The utility project charge shall be a nonbypassable charge to all customers of the publicly owned utility in the class or classes of customers specified in the financing resolution at the time of adoption of the financing resolution and all future customers in that class or classes. If a customer of the publicly owned utility that is subject to a utility project charge enters into an agreement to purchase water or electricity or discharge wastewater from a person or entity other than the publicly owned utility, the customer shall remain liable for the payment of its share of the utility project charge as if it had not entered into the agreement. The liability may be discharged by the continued payment of its share of the utility project charge as it accrues or by a one-time payment, as determined by the authority. All provisions of a financing resolution adopted pursuant to this subdivision shall be binding on the authority. (3) The timely and complete payment of all utility project charges by a person liable for the charges shall be a condition of receiving water, wastewater, or electrical service, as applicable, from the publicly owned utility of the local agency and each of the local agencies and their publicly owned utilities is authorized to use its established collection policies and all rights and remedies provided by law to enforce payment and collection of the utility project charge. In no event shall a person liable for a utility project charge be entitled or authorized to withhold payment, in whole or in part, of the utility project charge for any reason. (4) The authority shall determine whether adjustments to the utility project charge relating to rate reduction bonds are required upon the issuance of the rate reduction bonds and at least annually, and at additional intervals as may be provided for in the financing resolution or the documents relating to the rate reduction bonds. Each adjustment shall be made and put into effect in accordance with the financial calculation, formula, or other method that the authority is to use to determine the utility project charge pursuant to the financing resolution expeditiously after the authority’s determination that the adjustment is required. (5) All revenues with respect to utility project property related to rate reduction bonds, including payments of the utility project charge, shall be applied first to the payment of the financing costs of the related rate reduction bonds then due, including the funding of reserves for the rate reduction bonds, with any excess being applied as determined by the authority for the benefit of the utility for which the rate reduction bonds were issued. (6) The authority shall be obligated to impose and collect the utility project charge relating to rate reduction bonds in amounts, based on estimates of water or electricity usage or wastewater discharge subject to the utility project charge, sufficient to pay on a timely basis the financing costs associated with the rate reduction bonds when due. The pledge of a utility project charge to secure the payment of rate reduction bonds shall be irrevocable, and the State of California, the authority, or any limited liability company acting pursuant to subdivision (j) shall not reduce, impair, or otherwise adjust the utility project charge, except that the authority shall implement the periodic adjustments to the utility project charge relating to rate reduction bonds as required by the applicable financing resolution and the documents relating to the rate reduction bonds. Revenue from a utility project charge shall be deemed special revenue of the authority and shall not constitute revenue of the local agency or its publicly owned utility for any purpose, including, without limitation, any dedication, commitment, or pledge of revenue, receipts, or other income that the local agency or its publicly owned utility has made or will make for the security of any of its obligations. (7) A utility project charge shall constitute utility project property when, and to the extent that, a financing resolution authorizing the utility project charge has become effective in accordance with its terms, and the utility project property shall thereafter continuously exist as property for all purposes with all of the rights and privileges of this section for the period, and to the extent, provided in the financing resolution, but in any event until all financing costs with respect to the related rate reduction bonds are paid in full, including all arrearages thereon. (8) Utility project property shall constitute a current property right notwithstanding that the value of the property right will depend on consumers using water, wastewater, or electrical services or, in those instances where consumers are customers of the publicly owned utility, the publicly owned utility performing certain services. (9) If a local agency for which rate reduction bonds have been issued and remain outstanding ceases to operate a water, wastewater, or electric utility, either directly or through its publicly owned utility, references in this section to the local agency or to its publicly owned utility shall be to the entity providing water, wastewater, or electrical services in lieu of the local agency and the entity shall assume and perform all obligations of the local agency and its publicly owned utility required by this section and the servicing agreement with the local agency while the rate reduction bonds remain outstanding. (e) (1) Rate reduction bonds shall be within the parameters of the financing or refinancing set forth by the local agency pursuant to subdivision (b) in connection with the rate reduction bonds and the proceeds of the rate reduction bonds made available to the local agency or its publicly owned utility shall be used for the utility project identified in the application for financing or refinancing of the utility project or projects pursuant to subdivision (b). (2) An authority shall authorize the issuance of rate reduction bonds by a resolution of its governing body. An authority issuing rate reduction bonds shall include in its preliminary notice and final report for the rate reduction bonds submitted to the California Debt and Investment Advisory Commission pursuant to Section 8855 a statement that the rate reduction bonds are being issued pursuant to this section. An authority issuing rate reduction bonds shall include in its final report for the rate reduction bonds submitted to the California Debt and Investment Advisory Commission pursuant to Section 8855 the estimated savings or local agency benefit, if applicable pursuant to paragraph (4) of subdivision (c), realized by issuing the rate reduction bonds rather than bonds payable from the revenues of the publicly owned utility for whose benefit the rate reduction bonds were issued. Rate reduction bonds shall be nonrecourse to the credit or any assets of the local agency and the publicly owned utility for which the utility project is financed and shall be payable from, and secured by a pledge of, the utility project property relating to the rate reduction bonds and any additional security or credit enhancement specified in the documents relating to the rate reduction bonds. (3) An authority issuing rate reduction bonds shall pledge the utility project property relating to the rate reduction bonds as security for the payment of the rate reduction bonds, which pledge shall be made pursuant to, and with the effect set forth in Section 5451. All rights of an authority with respect to utility project property pledged as security for the payment of rate reduction bonds shall be for the benefit of, and enforceable by, the beneficiaries of the pledge to the extent provided in the documents relating to the rate reduction bonds. (4) To the extent that any interest in utility project property is pledged as security for the payment of rate reduction bonds, the applicable local agency or its publicly owned utility shall contract with the authority, which contract shall be part of the utility project property, that the local agency or its publicly owned utility will continue to operate its publicly owned utility system that includes the financed utility project to provide service to its customers, will, as servicer, collect amounts in respect of the utility project charge for the benefit and account of the authority and the beneficiaries of the pledge of the utility project charge and will account for and remit these amounts to, or for the account of, the authority. (5) Notwithstanding any other law, any requirement under this section, a financing resolution, any other resolution of the authority, or the provisions of the documents relating to rate reduction bonds to the effect that the authority shall take action with respect to the utility project property relating to the rate reduction bonds shall be binding upon the authority, as its governing body may be constituted from time to time, and the authority shall have no power or right to rescind, alter, or amend any resolution or document containing the requirement. (6) Notwithstanding any other law, except as otherwise provided in this section with respect to adjustments to a utility project charge, the recovery of the financing costs for the rate reduction bonds from the utility project charge shall be irrevocable and the authority shall not have the power either by rescinding, altering, or amending the applicable financing resolution or otherwise, to revalue or revise for ratemaking purposes the financing costs of rate reduction bonds, determine that the financing costs for the related rate reduction bonds or the utility project charge is unjust or unreasonable, or in any way reduce or impair the value of utility project property that includes the utility project charge, either directly or indirectly; nor shall the amount of revenues arising with respect to the financing costs for the related rate reduction bonds or the utility project charge be subject to reduction, impairment, postponement, or termination for any reason until all financing costs to be paid from the utility project charge are fully met and discharged. Except as otherwise provided in this section with respect to adjustments to a utility project charge, the State of California does hereby pledge and agree with the owners of rate reduction bonds that the State of California shall neither limit nor alter the financing costs or the utility project property, including the utility project charge, relating to the rate reduction bonds, or any rights in, to, or under, the utility project property until all financing costs with respect to the rate reduction bonds are fully met and discharged. This section does not preclude limitation or alteration if and when adequate provision shall be made by law for the protection of the owners. The authority is authorized to include this pledge and undertaking by the State of California in the governing documents for rate reduction bonds. Notwithstanding any other provision of this section, the authority shall make the adjustments to the utility project charge relating to rate reduction bonds provided by this section and the documents related to those rate reduction bonds as may be necessary to ensure timely payment of all financing costs with respect to the rate reduction bonds. The adjustments shall not impose the utility project charge upon classes of customers that were not subject to the utility project charge pursuant to the financing resolution imposing the utility project charge. (f) (1) Financing costs in connection with rate reduction bonds do not constitute a debt or liability of the State of California or of any political subdivision thereof, other than the special obligation of the authority, and do not constitute a pledge of the full faith and credit of the State of California or any of its political subdivisions, including the authority, but are payable solely from the funds provided therefor under this section and in the documents relating to the rate reduction bonds. This subdivision shall in no way preclude guarantees or credit enhancements in connection with rate reduction bonds. All the rate reduction bonds shall contain on the face thereof a statement to the following effect: Neither the full faith and credit nor the taxing power of the State of California or any political subdivision thereof is pledged to the payment of the principal of, or interest on, this bond. (2) The issuance of rate reduction bonds shall not directly, indirectly, or contingently obligate the State of California or any political subdivision thereof to levy or to pledge any form of taxation to pay the rate reduction bonds or to make any appropriation for their payment. (g) (1) Utility project property shall constitute property for all purposes, including for contracts securing rate reduction bonds, whether or not the revenues and proceeds arising with respect thereto have accrued. (2) Subject to the terms of the pledge document with respect to a pledge of utility project property, the validity and relative priority of a pledge created or authorized under this section is not defeated or adversely affected by the commingling of revenues arising with respect to the utility project property with other funds of the local agency or the publicly owned utility collecting a utility project charge on behalf of an authority. (h) (1) There shall exist a statutory lien on the utility project property relating to rate reduction bonds. Upon the effective date of the financing resolution relating to rate reduction bonds, there shall exist a first priority statutory lien on all utility project property, then existing or, thereafter arising, to secure the payment of the rate reduction bonds. This lien shall arise pursuant to law by operation of this section automatically without any action on the part of the authority, the local agency or its publicly owned utility, or any other person. This lien shall secure the payment of all financing costs, then existing or subsequently arising, to the holders of the rate reduction bonds, the trustee or representative for the holders of the rate reduction bonds, and any other entity specified in the financing resolution or the documents relating to the rate reduction bonds. This lien shall attach to the utility project property regardless of who shall own, or shall subsequently be determined to own, the utility project property including any local agency or its publicly owned utility, the authority, or any other person. This lien shall be valid and enforceable against the owner of the utility project property and all third parties upon the effectiveness of the financing resolution without any further public notice. (2) The statutory lien on utility project property created by this section is a continuously perfected lien on all revenues and proceeds arising with respect thereto, whether or not the revenues or proceeds have accrued. Utility project property shall constitute property for all purposes, including for contracts securing rate reduction bonds, whether or not the revenues or proceeds arising with respect thereto have accrued. (3) In addition, the authority may require, in a financing resolution creating utility project property, that, in the event of default by the local agency or its publicly owned utility, in payment of revenues arising with respect to the utility project property, any court in the state, upon the application by the beneficiaries of the statutory lien, and without limiting any other remedies available to the beneficiaries by reason of the default, shall order the sequestration and payment to the beneficiaries of revenues arising with respect to the utility project property. (i) Notwithstanding any other law, an authority or a limited liability company acting pursuant to subdivision (j) that has financed a utility project through the issuance of rate reduction bonds is not authorized, and no governmental officer or organization shall be empowered to authorize the authority, to become a debtor in a case under the United States Bankruptcy Code (11 U.S.C. Sec. 101 et seq.) or to become the subject of any similar case or proceeding under any other law, whether federal or State of California, as long as any payment obligation from utility project property remains with respect to the rate reduction bonds. (j) An authority may elect to implement a financing of a utility project pursuant to this section by forming a single member limited liability company and by authorizing the company to adopt the financing resolution. The authority may issue rate reduction bonds payable from, and secured by a pledge of, amounts paid by the company to the authority from the applicable utility project property pursuant to an agreement. The provisions of subdivisions (g) and (h) shall apply to and be the exclusive method of perfecting a pledge of utility project property by the company securing the payment of financing costs under any agreement of the company in connection with the issuance of rate reduction bonds. Reference to the authority in this section and in all related defined terms shall mean or include the company as necessary to implement this subdivision. (k) After December 31, 2036, the authority to issue rate reduction bonds under this section terminates. (Amended by Stats. 2025, Ch. 710, Sec. 1. (AB 786) Effective January 1, 2026.)
6588.8.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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This section lets an authority fund water-efficiency improvements and recover the cost through an efficiency charge on the customer’s water bill.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6588.8. (a) This section shall be known and may be cited as the Water Bill Savings Act. (b) For purposes of this section, the following terms have the following meanings: (1) “Bill neutral” means, based on a customer’s recent billing history, the total monetary savings achieved by the customer’s efficiency improvement is projected to be greater than or equal to the efficiency charge on the customer’s monthly water bill. (2) “Customer” means a person or entity that purchases water from a local agency or its publicly owned utility and is billed for the water by the local agency or its publicly owned utility. (3) “Customer property” means residential, commercial, industrial, agricultural, or other real property owned, leased, or licensed for occupancy by the customer. (4) “Efficiency charge” means a charge that is added to the water bill associated with a local agency’s or its publicly owned utility’s water meter at the customer property upon which the water efficiency improvement is located and that is collected in order to pay for an efficiency improvement pursuant to this section. (5) “Efficiency improvement” means a water efficiency improvement, as defined by the authority. An efficiency improvement shall comply with the lists of eligible projects and project priorities identified in the program guidelines of the CalConserve Water Use Efficiency Revolving Loan Program established pursuant to Division 30 (commencing with Section 81000) of the Water Code. An efficiency improvement shall not include living vegetation. (6) “Financing costs” means all of the following: (A) An interest and redemption premium payable on a bond. (B) The cost of retiring the principal of a bond, whether at maturity, including acceleration of maturity upon an event of default, or upon redemption, including sinking fund redemption. (C) A cost related to issuing or servicing bonds, including, but not limited to, a servicing fee, trustee fee, legal fee, administrative fee, bond counsel fee, bond placement or underwriting fee, remarketing fee, broker dealer fee, independent manager fee, municipal adviser fee, accounting report fee, engineering report fee, rating agency fee, and payment made under an interest rate swap agreement. (D) A payment or expense associated with a bond insurance policy, financial guaranty, or a contract, agreement, or other credit enhancement for bonds or a contract, agreement, or other financial agreement entered into in connection with a bond. (E) The funding of one or more reserve accounts related to a bond. (7) “Local agency” means a “local government” as defined in subdivision (b) of Section 1 of Article XIII C of the California Constitution in the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma. (8) “Publicly owned utility” means a utility furnishing water service to customers that is owned and operated by a local agency or a department or other subdivision of a local agency and includes any successor to the powers and functions of a department or other subdivision. (9) “Servicing agreement” means an agreement between a local agency or its publicly owned utility and the authority for the collection of the efficiency charge, pursuant to which the local agency or its publicly owned utility acts as a servicing agent for purposes of collecting the efficiency charge for the authority. (c) (1) Notwithstanding any other law, if the requirements of paragraphs (2) and (3) are met, an authority may provide funding for a customer of a local agency or its publicly owned utility to acquire, install, or repair an efficiency improvement on a customer property served by the local agency or its publicly owned utility. (2) (A) The authority, by resolution, establishes or extends a program to provide funding for a customer of a local agency or its publicly owned utility to acquire, install, or repair an efficiency improvement on a customer property served by the local agency or its publicly owned utility. The resolution shall do all of the following: (i) State the intent of the authority to operate the program. (ii) Define the geographical scope of the operation of the program as an area that is limited to only the territories within which retail water service is provided by those local agencies that have expressly requested the authority to provide funding for the local agency’s customers through the program, in accordance with the requirements of paragraph (3). (iii) Specify the types of efficiency improvements that may be financed by the program. (iv) Approve a standardized servicing agreement. (v) Authorize one or more designated officials of the authority to execute and deliver the servicing agreement on behalf of the authority. (B) The authority acknowledges receipt of the resolution described in subparagraph (C) of paragraph (3). (C) The authority may determine that all proceedings were valid and in conformity with the requirements of this paragraph and that finding shall be final and conclusive. (3) The legislative body of the local agency requests the authority to provide funding for its customers through a program established by the authority pursuant to this section by doing all of the following: (A) The legislative body adopts a resolution declaring its intention to request the authority to establish or extend a program to a customer represented by the legislative body, calling for a public hearing that shall be held at least 30 days later and directing the clerk or secretary of the legislative body to publish a notice of the hearing at least five days before the hearing in a newspaper of general circulation in the boundaries of the local agency. If the local agency wishes to pledge its water enterprise revenue as security for the payment of the principal of, and interest and redemption premium on, bonds issued by the authority in the event that efficiency charges are insufficient for those purposes pursuant to paragraph (5) of subdivision (f), the legislative body shall declare that intention in the resolution. (B) The legislative body conducts the noticed public hearing and, after considering the testimony of any interested person, concludes that the program and the proposed pledge of water enterprise revenue, if applicable, would provide significant public benefits in accordance with the criteria specified in Section 6586. (C) The legislative body adopts a resolution that does all of the following: (i) Authorizes the authority to establish or extend a program pursuant to this section within the boundaries of the local agency. (ii) Declares that the operation of the program by the authority in the local agency’s geographic boundaries would provide significant public benefits in accordance with the criteria specified in Section 6586. (iii) Specifies the types of efficiency improvements that may be financed by the program. (iv) Approves the standardized servicing agreement and authorizes one or more designated officials of the local agency to execute and deliver the servicing agreement with the authority. (v) If applicable, approves the pledge of water enterprise revenue as security for the payment of the principal of, and interest and redemption premium on, bonds issued by the authority in the event that efficiency charges are insufficient for those purposes. (vi) If applicable, authorizes execution and delivery of one or more pledge agreements to evidence a pledge. (vii) In the resolution, the legislative body may determine that all proceedings were valid and in conformity with the requirements of this section and that finding shall be final and conclusive. (d) (1) A customer shall repay the authority through an efficiency charge on the customer’s water bill that is established and collected by the local agency or its publicly owned utility upon verification that the efficiency improvement has been installed. The duty to pay the efficiency charge shall arise from and be evidenced by a written agreement executed at the time of installation of the efficiency improvement among the customer; all property owners of record, if different than the customer; the authority; and the local agency or its publicly owned utility. (2) The written agreement shall include all of the following: (A) An agreement by the customer to pay an efficiency charge for the period and in the amount specified in the agreement unless the efficiency charge is prepaid in the manner set forth in the agreement. The period designated for repayment shall not exceed the estimated useful life of the funded efficiency improvements. (B) A description of the financial calculation, formula, or other method that the authority used to determine the efficiency charge. The efficiency charge may include a component for reasonable administrative expenses incurred by the local agency or its publicly owned utility and the authority in connection with the program and the funding. A component for reasonable administrative expenses shall be listed separately in the written agreement. (C) A description of the efficiency improvement funded with the efficiency charge. (D) A representation by the customer that the customer intends to acquire, install, or repair and use the efficiency improvement on the customer’s property for the useful life of the efficiency improvement. Any failure of the efficiency improvement by damage, removal, or other fault of the customer during the useful life of the efficiency improvement shall not affect the customer’s obligation to pay the efficiency charge as set forth in the agreement. (E) A requirement that any failure of the efficiency improvement not involving damage, removal, or other fault of the customer shall result in the efficiency charge being suspended until the efficiency improvement is repaired and returned to service. (F) A demonstration by the authority that the customer’s payment of the efficiency charge will be bill neutral. (G) When the property is not owner occupied, a requirement that the obligation to pay the efficiency charge appear in the terms through which the customer leases or licenses the property for occupancy. (3) The written agreement shall not be valid unless the authority entering into the written agreement has verified all of the following information: (A) The customer entering into the agreement is the utility customer at the address and that all property owners of record, if different from the customer, have consented in writing to the agreement. (B) The participating customer’s account has been in good standing for the prior 12 months or, if the customer’s occupancy of the site at which the efficiency improvements will be installed is less than 12 months, has been in good standing for the duration of the customer’s occupancy of the site. (C) The person installing the efficiency improvement has been approved to install efficiency improvements by the authority and the local agency or its publicly owned utility and is in compliance with program requirements established by the authority. (D) The efficiency improvement included in the agreement complies with program requirements established by the authority, consistent with paragraph (5) of subdivision (b). (E) The efficiency improvement will generate total utility cost savings that exceed the total cost of the efficiency charge paid by the customer over the duration of the agreement, and will be bill neutral, as defined in paragraph (1) of subdivision (b), for the participating customer. (4) The timely and complete payment of an efficiency charge by a customer that has agreed to pay an efficiency charge may be a condition of receiving water service from the local agency or its publicly owned utility, and a local agency and its publicly owned utility are authorized to use their established collection policies and all rights and remedies provided by law to enforce payment and collection of the efficiency charge. A person liable for an efficiency charge shall not be entitled or authorized to withhold payment, in whole or in part, of the efficiency charge for any reason. If the property on which the efficiency improvement is located is sold or transferred to a subsequent customer, any portion of the efficiency charge that is past due and owing at the time of the sale or transfer shall not transfer to the transferee of the property. The failure of the prior customer to pay the efficiency charge shall not prevent the subsequent customer from obtaining water service from the local agency or its publicly owned utility. (5) A customer’s obligation to pay the efficiency charge shall remain associated with the meter at the customer property on which the efficiency improvement is located until the efficiency charge related to the efficiency improvement has been repaid in full or the efficiency charge has been transferred to a subsequent customer who receives water service at a property with installed efficiency measures for the remainder of the obligation. Notwithstanding any other provision of this section, the efficiency charge shall not transfer to a subsequent customer, shall not continue to be associated with the meter at the property, and shall remain an obligation of the previous customer if the efficiency improvements were removed or damaged, and not restored to service, by the previous customer. A local agency or its publicly owned utility shall record, no later than 10 days after funding an efficiency improvement, a notice of efficiency charge in the records of the county recorder of the county in which the customer’s property is located. A county recorder, upon recording a notice of efficiency charge, shall index the notice of efficiency charge in the general index by the name of the owner of the real property where the meter affected by the efficiency charge will be located. The notice shall include the address or legal description of, the assessor’s parcel number of, and the name of the owner of, the real property where the meter affected by the efficiency charge will be located. The notice shall be entitled “NOTICE OF EFFICIENCY CHARGE” and shall comply with Section 27324. The notice shall contain contact information for the person or entity authorized to provide a prompt and accurate written statement of the outstanding charges and payoff amounts related to the efficiency charge for which the notice of efficiency charge was recorded. The recordation of the notice of efficiency charge shall be considered sufficient notice to a subsequent customer at a property with installed efficiency measures of the customer’s obligation to pay the efficiency charge for installed measures. (6) (A) Within 10 days of full repayment of the outstanding charges related to the recorded notice of efficiency charge, the entity responsible for the collection and servicing of the efficiency charge shall record a notice of the full repayment and removal of the efficiency charge in the records of the county recorder of the county in which the customer’s property is located. The notice of the full repayment and removal of the efficiency charge shall include a reference to the recorded notice of efficiency charge. (B) Within 10 days of a decision by the authority not to repair and return to service a failed efficiency improvement when failure did not involve damage, removal, or other fault of the customer, the entity responsible for the collection and servicing of the charge shall record a notice of removal of the efficiency charge in the records of the county recorder of the county in which the customer’s property is located. The notice of the removal of the efficiency charge shall include a reference to the recorded notice of the efficiency charge. (7) Because the efficiency charge is a voluntary charge that will be made pursuant to a written agreement among the customer, all property owners of record if these are different than the customer, the authority, and the local agency or its publicly owned utility, the Legislature finds and declares that voluntary efficiency charges under this section are not taxes, assessments, fees, or charges for the purposes of Articles XIII C and XIII D of the California Constitution and therefore the provisions of Articles XIII C and XIII D and Article 4.6 (commencing with Section 53750) of Chapter 4 of Part 1 of Division 2 of Title 5 are not applicable to voluntary efficiency charges levied pursuant to this section. (e) (1) The authority and a local agency or its publicly owned utility shall enter into a servicing agreement for the collection of one or more efficiency charges and the local agency or its publicly owned utility shall act as a servicing agent for purposes of collecting the efficiency charge. (2) The authority, local agency, or utility responsible for the collection of the efficiency charges shall ensure that the contact information in the notice of efficiency charge recorded in the records of the county recorder pursuant to this section is accurate so that interested parties may request and promptly receive a written and accurate payoff amount or verification of the outstanding charges associated with the recorded notice of efficiency charge. Furthermore, the authority, local agency, or utility shall on each water bill issued to the customer include a contact number where the customer can obtain the amount of the monthly efficiency charge and a description of the efficiency improvement for which the efficiency charge has been incurred. (3) In the event that the servicing agent or entity responsible for the collection of the efficiency charge changes, a new notice of efficiency charge shall be recorded within 10 days. (4) Any party requesting written payoff amount or verification of outstanding charges from the authority, local agency, or utility identified as the contact on the recorded notice of efficiency charge shall be provided with the payoff amount or verification within seven days of the request and may rely upon the written payoff amount or verification as being accurate for 45 days from the receipt of this written information. If the authority, local agency, or utility provides a written amendment to the written payoff amount or verification, any party may rely on the written amendment for 45 days from receipt of the written amendment. (5) Moneys collected as an efficiency charge by the local agency or its publicly owned utility, acting as a servicing agent on behalf of the authority, shall be held in trust for the exclusive benefit of the persons entitled to the financing costs to be paid, directly or indirectly, from the efficiency charge and shall not lose their character as revenues of the authority because the local agency or its publicly owned utility possesses them. (6) In the servicing agreement, the local agency or its publicly owned utility shall contract with the authority that the local agency or its publicly owned utility will continue to operate its publicly owned utility system to provide service to its customers, will, as servicer, collect the efficiency charge for the benefit and account of the authority and, if applicable, the beneficiaries of the pledge of the efficiency charge, and will account for and remit these amounts to, or for the account of, the authority. (7) The servicing agreement shall provide that the obligation to pay the efficiency charge shall remain associated with the meter at the customer property on which the efficiency improvement is located until the authority is fully repaid. (8) The servicing agreement may specify, consistent with paragraph (4) of subdivision (d), that the timely and complete payment of all efficiency charges by a customer that has agreed to pay an efficiency charge shall be a condition of receiving service from the publicly owned utility, and the local agency or its publicly owned utility shall use its established collection policies and all rights and remedies provided by law to enforce payment and collection of the efficiency charge. (9) In the servicing agreement, the local agency or its publicly owned utility shall agree that in the event of default by the local agency or its publicly owned utility in payment of revenues arising with respect to the efficiency charge, the authority, upon the application by the beneficiaries of the authority’s pledge described in this section, and without limiting any other remedies available to the beneficiaries by reason of the default, shall order the sequestration and payment to the beneficiaries of revenues arising with respect to the efficiency charge. (f) (1) The authority may issue one or more bonds for the purpose of providing funds for the acquisition, installation, and repair of an efficiency improvement on customer property pursuant to this section. (2) An authority issuing a bond shall include in its preliminary notice and final report for the bonds submitted to the California Debt and Investment Advisory Commission pursuant to Section 8855 a statement that the bond is being issued pursuant to this section. (3) An authority that issues a bond pursuant to this section shall establish a debt service reserve fund for the bond to the extent required by the purchaser of the bond. (4) (A) The authority may, pursuant to Section 5451, pledge one or more efficiency charges as security for the bonds issued pursuant to this section. Revenue from an efficiency charge shall be deemed special revenue of the authority and shall not constitute revenue of the local agency or its publicly owned utility for any purpose, including, but not limited to, any dedication, commitment, or pledge of revenue, receipts, or other income that the local agency or its publicly owned utility has made or will make for the security of any of its obligations. (B) The validity and relative priority of a pledge created or authorized under this section is not defeated or adversely affected by the commingling of efficiency charge revenue with other moneys collected by a local agency or its publicly owned utility. (5) A local agency may pledge water enterprise revenue as security for the payment of the principal of, and interest and redemption premium on, bonds issued by the authority if efficiency charges are insufficient for that purpose, and may execute one or more pledge agreements pursuant to Section 5451 for the benefit of the authority or for the exclusive benefit of the persons entitled to the financing costs to be paid from the efficiency charges. (6) A local agency that pledges water enterprise revenues as security for the payment of the principal of, and interest and redemption premium on, a bond issued by the authority shall establish a debt service reserve fund for the bond to the extent required by the purchaser of the bond. (g) If a local agency for which bonds have been issued and remain outstanding ceases to operate a water utility, either directly or through its publicly owned utility, references in this section to the local agency or to its publicly owned utility shall be deemed to refer to the entity providing water utility services in lieu of the local agency and that entity shall assume and perform all obligations of the local agency or its publicly owned utility required by this section and the servicing agreement with the authority while the bonds remain outstanding. (h) If the local agency, its publicly owned utility, and the authority have complied with the procedures set forth in this section, they shall not be required to comply with Section 6586.5. (i) An authority administering an efficiency improvement financing program shall compile and publicly post an annual report that includes all of the following: (1) The number of written agreements entered into. (2) The estimated and average water efficiency savings achieved. (3) The amount of upfront financing provided by the authority. (4) The amount of revenue collected by the authority. (5) A copy of the authority’s report submitted to the California Debt and Investment Advisory Commission pursuant to Section 8855. (6) A copy or summary of the authority’s process for accepting complaints about the program from customers and local agencies or their publicly owned utilities. (7) A copy or summary of the authority’s practices and procedures for overseeing contractors’ performance and the marketing of the program. (8) A copy or summary of the process for appealing determinations of fault for the failure of an efficiency improvement to the authority and the participating local agency or its publicly owned utility. (Added by Stats. 2017, Ch. 430, Sec. 5. (SB 564) Effective January 1, 2018.)
6589.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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An authority may enter into bond purchase agreements with local agencies, and local agencies may sell bonds to the authority on a negotiated basis.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6589. An authority may enter into a bond purchase agreement with a local agency or agencies. The bond purchase agreement shall specify the maximum rate of interest, the cost of issuance, the amount of required reserve, and the procedure to be used in case of default. Notwithstanding any other provision of law, local agencies may sell their bonds to the authority on a negotiated basis without compliance with any public sale requirement included in the statutes under which the bonds are issued. (Amended by Stats. 1987, Ch. 481, Sec. 4. Effective September 9, 1987.)
65890.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.9. Guidebook for Jobs-Housing Balance [65890.1 - 65890.5] ( Article 2.9 added by Stats. 1990, Ch. 843, Sec. 1. )
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The Legislature states that California should encourage land use patterns that balance jobs and housing, reduce commuting, and promote cooperation between government agencies and the private sector.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.9. Guidebook for Jobs-Housing Balance [65890.1 - 65890.5] ( Article 2.9 added by Stats. 1990, Ch. 843, Sec. 1. ) ## 65890.1. The Legislature finds and declares that: (a) State land use patterns should be encouraged that balance the location of employment-generating uses with residential uses so that employment-related commuting is minimized. (b) Balance in employment and residential land use patterns reduces traffic congestion and may contribute to improvement of air quality in urban areas. (c) Balancing of employment-generating land uses and residential land uses improves economic and housing opportunities and reduces loss of economic productivity caused by transportation delay. (d) The attainment of a more balanced land use pattern requires the cooperation of government agencies with the private sector to assure that public and private decisions affecting land use take into consideration the need to seek balance in the location of employment-generating land uses and residential land uses. (e) Local agencies and state agencies should cooperate to facilitate the balancing of employment-generating land uses and residential land uses and provisions of transportation to serve these uses. (f) Local governments have the primary responsibility to plan for local land use patterns, within the parameters established by state law to achieve statewide needs. (g) Housing must be provided for the estimated 3 million new workers and their families expected to be added to the California economy in the 1990’s. (h) It is the intent of the Legislature to move toward the goal that every California worker have available the opportunity to reside close to his or her jobsite. (Added by Stats. 1990, Ch. 843, Sec. 1.)
65890.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.9. Guidebook for Jobs-Housing Balance [65890.1 - 65890.5] ( Article 2.9 added by Stats. 1990, Ch. 843, Sec. 1. )
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The Department of Housing and Community Development must prepare a guidebook for planning and developing housing supply to meet housing needs created by employment growth.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.9. Guidebook for Jobs-Housing Balance [65890.1 - 65890.5] ( Article 2.9 added by Stats. 1990, Ch. 843, Sec. 1. ) ## 65890.3. The Department of Housing and Community Development shall prepare a guidebook for use by cities, counties, councils of government, state agencies, and the private sector in the planning and development of a housing supply to meet the need created by employment growth. The guidebook shall be prepared in time for use following the availability of the 1990 Census of Population and Housing. (Added by Stats. 1990, Ch. 843, Sec. 1.)
65890.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.9. Guidebook for Jobs-Housing Balance [65890.1 - 65890.5] ( Article 2.9 added by Stats. 1990, Ch. 843, Sec. 1. )
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The department must consult interested parties, and the final guidebook must be completed by December 31, 1993.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 2.9. Guidebook for Jobs-Housing Balance [65890.1 - 65890.5] ( Article 2.9 added by Stats. 1990, Ch. 843, Sec. 1. ) ## 65890.5. (a) The guidebook shall include the following: (1) Methodologies for measuring the balance of jobs and housing. (2) Methodologies for analysis of the projected needed housing supply to serve projected employment growth. (3) Methodologies to encourage the balance of jobs and housing. (4) Incentives which local, regional, and state agencies may offer to the private sector to encourage developments and design which will facilitate an improved balance between employment generating land use and residential land use. (5) Methodologies cities and counties may use to analyze trip generation and vehicle miles traveled to and from employment centers. (6) Methodologies cities and counties may use to achieve more efficient use of transportation facilities serving major employment centers. (7) Descriptions of successful and unsuccessful efforts by cities or counties to move toward improved jobs-housing balance. (b) The guidebook shall seek to describe and evaluate the various tools available to local, regional, and state governments to measure, evaluate, and improve the balance of jobs and housing and to mitigate the undesirable effects of any imbalance between jobs and housing. The guidebook shall describe efforts by cities, counties, and regional agencies to improve the balance of jobs and housing. (c) The department shall consult with interested parties and organizations such as academic institutions, environmental groups, businesses, labor unions, real estate groups, housing advocacy groups, cities, counties, and regional agencies. The final guidebook shall be completed no later than December 31, 1993. (d) Within two years of final publication of the guidebook, the Assembly Office of Research shall complete a study of the effectiveness of the guidebook as a decisionmaking tool by public agencies and the private sector to facilitate improved jobs-housing balance. The study shall include the office’s recommendations for legislation needed to improve the effectiveness of decisionmaking as it relates to achieving jobs-housing balance, if any. (Added by Stats. 1990, Ch. 843, Sec. 1.)
6590.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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The authority may issue bonds and use them to finance certain purposes, including loans to local agencies and purchases of receivables, subject to a $2.25 billion cap for bonds backed by Proposition 1A receivables and required approval by the Department of Finance and the Treasurer. Authorities existing on January 1, 1988 may not make working-capital or insurance loans to local agencies unless unanimously approved by their governing body.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6590. The authority may, from time to time, issue its bonds in the principal amount as the authority determines necessary to provide sufficient funds for its purposes, which may include, but shall not be limited to, providing funds for bond purchase agreements, payment of the purchase price of VLF receivables, payment of the purchase price of Proposition 1A receivables, financing utility projects, payment of interest on bonds of the authority, establishment of reserves to secure the bonds, and other expenditures of the authority incident to issuance of the bonds. The authority may also issue bonds for the purpose of making loans to local agencies, to the extent those local agencies are authorized by law to borrow moneys, or to purchase VLF receivables from local agencies as provided in Section 6588.5, or to purchase Proposition 1A receivables as provided in Section 6588.6, and the loan or sale proceeds shall be used by the local agencies to pay for public capital improvements, working capital, or insurance programs. The aggregate principal amount of all bonds issued pursuant to this section that are backed by Proposition 1A receivables shall not exceed two billion two hundred fifty million dollars ($2,250,000,000), and that issuance shall be approved by the Department of Finance and the Treasurer. In the case of any authority in existence on January 1, 1988, no loans shall be made to local agencies for working capital or insurance, unless that purpose is first approved by resolution of the governing body of the authority by unanimous vote of all members of the governing body. (Amended by Stats. 2013, Ch. 636, Sec. 3. (AB 850) Effective January 1, 2014.)
6590.1.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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For certain authority bond offerings, the offering documents must state investment criteria, and advisors and dealers face limits on recommending or selling municipal securities to the authority.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6590.1. (a) In the case of bonds issued by an authority to acquire local obligations, the offering documents for the bonds shall clearly delineate investment criteria for the local obligations to be acquired. The investment criteria shall specify the types of local obligations eligible for acquisition by the authority, as well as minimum standards of creditworthiness for these obligations. (b) No financial advisor, investment advisor, underwriter, broker, dealer, or municipal securities dealer shall recommend the purchase, sale, or exchange of a municipal security to an authority unless that financial advisor, investment advisor, underwriter, broker, dealer, or municipal securities dealer has reasonable grounds to believe and does believe that the recommendation is suitable for the authority in light of the authority’s investment criteria and responsibility to safeguard public funds. (c) In the case of bonds issued by an authority to acquire local obligations, the underwriter of the bonds, and the financial advisor and investment advisor to the authority, shall not sell to the authority any security or obligation issued by a state or local government from its dealer inventory or that it underwrote or otherwise placed on behalf of another client. (Added by Stats. 1995, Ch. 229, Sec. 2. Effective July 31, 1995.)
6590.2.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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An authority must get at least three bids and choose the highest bid for certain guaranteed investment contracts, and a government securities broker or dealer selling to the authority must certify the price equals fair market value.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6590.2. (a) An authority shall solicit at least three bids, and select the highest bid, for any guaranteed investment contract purchased with the proceeds of bonds issued by the authority. (b) (1) Any government securities broker or dealer that sells government securities to an authority shall certify that the purchase price of those securities is equal to the fair market value of those securities. (2) For purposes of this subdivision, “fair market value” means the price a willing buyer would pay to a willing seller in an arms’ length transaction. (Added by Stats. 1995, Ch. 229, Sec. 3. Effective July 31, 1995.)
65900.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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A city or county legislative body may create zoning-related boards or offices by ordinance, and may also create a board of appeals. Board members may receive meeting compensation and reasonable travel expenses.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65900. The legislative body of a city or county may, by ordinance, create and establish either a board of zoning adjustment, or the office of zoning administrator or both. It may also, by ordinance, create and establish a board of appeals. Members of a board of zoning adjustment and members of a board of appeals may receive compensation for their attendance at each meeting of their respective boards in a sum to be fixed by the legislative body by which they are appointed. In addition, they may also receive reasonable traveling expenses to and from the usual place of business of such board to any place of meeting of the board within the county or city. (Added by Stats. 1965, Ch. 1880.)
65901.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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The board of zoning adjustment or zoning administrator must decide certain zoning applications, and may have other local powers and rules-making authority.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65901. (a) The board of zoning adjustment or zoning administrator shall hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance. The board of zoning adjustment or the zoning administrator may also exercise any other powers granted by local ordinance, and may adopt all rules and procedures necessary or convenient for the conduct of the board’s or administrator’s business. (b) In accordance with the requirements for variances specified in Section 65906, the legislative body of the city or county may, by ordinance, authorize the board of zoning adjustment or zoning administrator to decide applications for variance from the terms of the zoning ordinance without a public hearing on the application. That ordinance shall specify the kinds of variances which may be granted by the board of zoning adjustment or zoning administrator, and the extent of variation which the board of zoning adjustment or zoning administrator may allow. (Amended by Stats. 1985, Ch. 1199, Sec. 9.)
65902.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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If no board of zoning adjustment or zoning administrator has been created, the planning commission must perform their functions and duties.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65902. In the event that neither a board of zoning adjustment or the office of a zoning administrator has been created and established, the planning commission shall exercise all of the functions and duties of said board or said administrator. The legislative body of a county may provide that an area planning commission shall exercise all of the functions and duties of a board of zoning adjustment or a zoning administrator in a prescribed portion of the county. (Amended by Stats. 1971, Ch. 462.)
65903.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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If a local ordinance has created a board of appeals, it must hear zoning appeals and can reverse, affirm, or modify the appealed decision.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65903. A board of appeals, if one has been created and established by local ordinance, shall hear and determine appeals from the decisions of the board of zoning adjustment or the zoning administrator, as the case may be. Procedures for such appeals shall be as provided by local ordinance. Such board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision, or determination as should be made, and such action shall be final. (Added by Stats. 1965, Ch. 1880.)
65904.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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If no board of appeals has been created and established, the local legislative body must carry out the board of appeals’ functions and duties.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65904. If a board of appeals has not been created and established the local legislative body shall exercise all of the functions and duties of the board of appeals in the same manner and to the same effect as provided in Section 65903. (Added by Stats. 1965, Ch. 1880.)
65905.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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A public hearing must be held for certain variance, conditional use permit, revocation, modification, and appeal applications, unless this article provides otherwise.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65905. (a) Except as otherwise provided by this article, a public hearing shall be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications. (b) Notice of a hearing held pursuant to subdivision (a) shall be given pursuant to Section 65091. (Repealed and added by Stats. 1984, Ch. 1009, Sec. 28.)
65905.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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For qualifying housing development projects, local governments may hold no more than five hearings and must decide the application within those hearings, subject to the stated exceptions and timing rules.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65905.5. (a) Notwithstanding any other law, if a proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, after the application is deemed complete, a city, county, or city and county shall not conduct more than five hearings pursuant to Section 65905, or any other law, ordinance, or regulation requiring a public hearing in connection with the approval of that housing development project. If the city, county, or city and county continues a hearing subject to this section to another date, the continued hearing shall count as one of the five hearings allowed under this section. The city, county, or city and county shall consider and either approve or disapprove the application at any of the five hearings allowed under this section consistent with the applicable timelines under the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)). (b) For purposes of this section: (1) “Deemed complete” means that the application has met all of the requirements specified in the relevant list compiled pursuant to Section 65940 that was available at the time when the application was submitted. (2) “Hearing” includes any public hearing, workshop, or similar meeting, including any appeal, conducted by the city or county with respect to the housing development project, including any meeting relating to Section 65915, whether by the legislative body of the city or county, the planning agency established pursuant to Section 65100, or any other agency, department, board, commission, or any other designated hearing officer or body of the city or county, or any committee or subcommittee thereof. “Hearing” does not include a hearing to review a legislative approval, including any appeal, required for a proposed housing development project, including, but not limited to, a general plan amendment, a specific plan adoption or amendment, or a zoning amendment, or any hearing arising from a timely appeal of the approval or disapproval of a legislative approval. (3) (A) “Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5. (B) “Housing development project” includes, but is not limited to, projects that involve no discretionary approvals and projects that involve both discretionary and nondiscretionary approvals. (C) “Housing development project” includes a proposal to construct a single dwelling unit. This subparagraph shall not affect the interpretation of the scope of paragraph (2) of subdivision (h) of Section 65589.5. (c) (1) For purposes of this section, a housing development project shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project is consistent, compliant, or in conformity. The receipt of a density bonus including any incentives, concessions, or waivers pursuant to Section 65915 shall not constitute a valid basis on which to find that a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. (2) A proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria, but the zoning for the project site is inconsistent with the general plan. If the local agency complies with the written documentation requirements of paragraph (2) of subdivision (j) of Section 65589.5, the local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning that is consistent with the general plan; however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project. (d) Nothing in this section supersedes, limits, or otherwise modifies the requirements of, or the standards of review pursuant to, Division 13 (commencing with Section 21000) of the Public Resources Code. (e) The amendments to subdivisions (b) and (c) made by the act adding this subdivision do not constitute a change in, but are declaratory of, existing law. However, the amendments to this section in subparagraph (B) of paragraph (3) of subdivision (b) shall not affect a project for which an application was submitted to the city, county, or city and county before January 1, 2022. (Amended by Stats. 2025, Ch. 22, Sec. 12. (AB 130) Effective June 30, 2025.)
65906.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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Variance from zoning rules may be granted only for special circumstances affecting the property, and not for a use or activity the zone regulation does not already expressly allow.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65906. Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits. (Amended by Stats. 1974, Ch. 607.)
65906.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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A variance may be granted from parking requirements so required parking can be provided offsite or through in-lieu fees or facilities, if the listed conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65906.5. Notwithstanding Section 65906, a variance may be granted from the parking requirements of a zoning ordinance in order that some or all of the required parking spaces be located offsite, including locations in other local jurisdictions, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both the following conditions are met: (a) The variance will be an incentive to, and a benefit for, the nonresidential development. (b) The variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities. (Added by Stats. 1980, Ch. 1125.)
65906.6.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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A local agency that collects inclusionary housing in-lieu fees and has a website must post certain fee and spending information online starting January 1, 2026.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65906.6. (a) For the purpose of this section, the following definitions apply: (1) “Inclusionary housing in-lieu fees” means fees imposed as an alternative means of compliance with an inclusionary housing requirement. (2) “Local agency” means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state. (b) Commencing on January 1, 2026, a local agency that collects inclusionary housing in-lieu fees and has an internet website shall annually post on its internet website both of the following: (1) The amount of inclusionary housing in-lieu fees collected in the previous year. (2) Whether the inclusionary housing in-lieu fees are intended to be used for a project, if any. (c) Commencing on January 1, 2026, and every five years thereafter, a local agency that collects inclusionary housing in-lieu fees shall post on its internet website both of the following: (1) The amount of inclusionary housing in-lieu fees collected in the past five years. (2) The projects that the inclusionary housing in-lieu fees were spent on. (Added by Stats. 2024, Ch. 276, Sec. 1. (AB 2663) Effective January 1, 2025.)
65907.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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A local jurisdiction without a parking-relief ordinance must reduce required parking spaces for existing uses when an outdoor dining expansion to address COVID-19 indoor-dining restrictions affects parking.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65907. If an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. (Amended by Stats. 2025, Ch. 469, Sec. 3. (AB 592) Effective January 1, 2026.)
65908.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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An agency enforcing zoning regulations may file a notice of pendency with the county recorder, and the recorder must index it. A notice can later be vacated by court order, and that vacation order cannot take effect or be recorded until the writ-review period expires.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65908. (a) Any agency which institutes a judicial action or proceeding to enforce zoning regulations may file a notice of the pendency of the action or proceeding in the county recorder’s office of the county where the property affected by the action or proceeding is situated. The notice shall be filed at the time of the commencement of the action or proceeding, and, upon recordation of such notice as provided in this subdivision, shall have the same effect as a notice recorded pursuant to Section 409 of the Code of Civil Procedure. The county recorder shall record and index the notice of pendency of action or proceeding in the index of grantors and any other index relative to the property in question. (b) Any notice of pendency of action or proceeding filed pursuant to subdivision (a) may, upon motion of a party to the action or proceeding, be vacated upon an appropriate showing of need therefor by an order of a judge of the court in which the action or proceeding is pending. A certified copy of the order of vacation may be recorded in the office of the recorder of the county where the notice of pendency of action is recorded, and upon such recordation the notice of pendency of the action or proceeding shall not constitute constructive notice of any of the matters contained therein nor create any duty of inquiry in any person thereafter dealing with the property described therein. Such an order of vacation shall not be appealable, but the party aggrieved by such order may, within 20 days after service of written notice of the order, or within such additional time not exceeding 20 days as the court may, within the original 20 days, allow, but in no event later than 60 days after entry of the order, petition the proper reviewing court to review such order by writ of mandate. No such order of vacation shall be effective, nor shall it be recorded in the office of any county recorder, until the time within which a petition for writ of mandate may be filed pursuant to this subdivision has expired. (Added by Stats. 1970, Ch. 96.)
65909.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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Local governmental bodies may not require certain land dedication or related bonds as a condition of issuing a building permit, use permit, or zone variance.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65909. No local governmental body, or any agency thereof, may condition the issuance of any building or use permit or zone variance on any or all of the following: (a) The dedication of land for any purpose not reasonably related to the use of the property for which the variance, building, or use permit is requested. (b) The posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which the variance, building, or use permit is requested. (Amended by Stats. 1983, Ch. 101, Sec. 85.)
65909.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. )
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County and city legislative bodies, including charter cities, may set reasonable permit-processing fees, but the fees cannot exceed the amount reasonably needed to administer processing costs.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 3. Administration [65900 - 65909.5] ( Article 3 added by Stats. 1965, Ch. 1880. ) ## 65909.5. The legislative body of any county or city, including a charter city, may establish reasonable fees for the processing of use permits, zone variances, or zone changes pursuant to the procedures required or authorized by this chapter or local ordinance, but the fees shall not exceed the amount reasonably required to administer the processing of such permits or zone variances. The fees shall be imposed pursuant to Sections 66014 and 66016. (Amended by Stats. 1990, Ch. 1572, Sec. 12.)
6591.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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The authority may issue and sell bonds for specified local government financing purposes, but bonds backed by Proposition 1A receivables must mature by August 1, 2013 and follow special call and sale rules.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6591. (a) The authority is authorized from time to time to issue bonds to provide funds to achieve its purposes. (b) Bonds may be authorized to finance any of the following: (1) A single public capital improvement, utility projects, working capital, purchase of VLF receivables, purchase of Proposition 1A receivables, or insurance program for a single local agency. (2) A series of public capital improvements, utility projects, working capital, purchases of VLF receivables, purchase of Proposition 1A receivables, or insurance program for a single local agency. (3) A single public capital improvement, utility projects, working capital, purchases of Proposition 1A receivables, or purchases of VLF receivables or insurance program for two or more local agencies. (4) A series of public capital improvements, utility projects, working capital, purchases of VLF receivables or purchases of Proposition 1A receivables or insurance programs for two or more local agencies. (c) Bonds issued for the purpose of financing working capital shall be used to make loans to local agencies for any of the purposes for which a local agency may borrow money pursuant to Section 53852. The loans shall be repaid in accordance with the terms of Section 53854. (d) Except as otherwise expressly provided by the authority, every issue of its bonds shall be general obligations of the authority payable from any revenues or moneys of the authority available therefor and not otherwise pledged. These revenues or moneys may include the proceeds of additional bonds, subject only to any agreements with the holders of particular bonds pledging any particular revenues or moneys. Notwithstanding that the bonds may be payable from a special fund, these bonds shall be deemed to be negotiable instruments for all purposes, subject only to the bond registration provisions. (e) (1) The bonds may be issued as serial bonds or as term bonds, or the authority may issue bonds of both types. The bonds shall be authorized by resolution of the authority and shall, as provided by the resolution or indenture pursuant to which the bonds are issued, meet all of the following conditions: (A) Bear the date of issuance. (B) Bear the time of maturity, not exceeding 50 years from their date of issuance. (C) Bear the rate of interest, either fixed or variable, and, if variable, not in excess of the maximum rate of interest specified therein. (D) Be payable as to principal and interest at the time or times provided. (E) Be in the denominations and in the form provided. (F) Carry the registration privileges provided. (G) Be executed in the manner provided. (H) Be payable in lawful money of the United States at the place or places provided within or without the state. (I) Be subject to the terms of redemption provided. (2) Notwithstanding paragraph (1), the bonds backed by Proposition 1A receivables shall have a maturity date no later than August 1, 2013. (3) For bonds backed by Proposition 1A receivables, both of the following shall apply: (A) The option to call shall be exercised upon receipt by the authority of a timely written notification from the Director of Finance, but no earlier than 30 days after delivery by the director of a written notice of the intent to do so to the Joint Legislative Budget Committee. (B) The bonds may bear interest payable on periodic interest payment dates or may accrue interest to their maturity date or any combination thereof, subject to the approval of the Department of Finance and the State Treasurer pursuant to subdivision (x) of Section 6588. (f) The bonds shall be sold by the authority at the time and in the manner set out in the authority’s resolution. The sale may be a public or private sale, and for price or prices, and on terms and conditions as the authority determines proper, after giving due consideration to the recommendations of any local agency to be assisted from the proceeds of the bonds. Pending preparation of the definitive bonds, the authority may issue interim receipts, certificates, or temporary bonds which shall be exchanged for definitive bonds. For bonds backed by Proposition 1A receivables, the authority shall use its best efforts to obtain the lowest overall cost of the bonds, and shall certify that it so used its best efforts. The authority shall, in consultation with the Treasurer and Department of Finance, structure the sale of the bonds backed by Proposition 1A receivables and shall include those terms and conditions approved by the Treasurer and the Department of Finance. (g) In the case of bonds issued by an authority, on or after January 1, 1995, for the purpose of purchasing bonds of a local agency, all of the bonds of the local agency shall be purchased by the authority from the proceeds of the authority bonds within 90 days of the date of issuance of the authority bonds. Nothing in this subdivision shall be construed to preclude an authority from issuing parity bonds at any time. (Amended by Stats. 2013, Ch. 636, Sec. 4. (AB 850) Effective January 1, 2014.)
6591.1.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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A bond underwriter cannot also serve as the authority’s financial or investment advisor on investment decisions for that bond issue, and the authority and its financial advisor must sign a written contract before services begin.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6591.1. (a) No broker, dealer, municipal securities dealer, or other firm that underwrites a bond issue of an authority shall serve as financial advisor or investment advisor to the authority on decisions relating to the investment of the proceeds of that bond issue. (b) An authority and its financial advisor shall enter into a written contract prior to the delivery of financial advisory services. The contract shall specify the range of services that will be delivered and the entire compensation to be paid to the financial advisor. (Added by Stats. 1995, Ch. 229, Sec. 5. Effective July 31, 1995.)
65910.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 4. Open-Space Zoning [65910 - 65912] ( Article 4 added by Stats. 1970, Ch. 1590. )
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Every city and county must prepare and adopt an open-space zoning ordinance by December 31, 1973.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 4. Open-Space Zoning [65910 - 65912] ( Article 4 added by Stats. 1970, Ch. 1590. ) ## 65910. Every city and county by December 31, 1973, shall prepare and adopt an open-space zoning ordinance consistent with the local open-space plan adopted pursuant to Article 10.5 (commencing with Section 65560) of Chapter 3 of this title. (Amended by Stats. 1973, Ch. 120.)
65911.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 4. Open-Space Zoning [65910 - 65912] ( Article 4 added by Stats. 1970, Ch. 1590. )
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Variances from an open-space zoning ordinance may be granted only in narrow circumstances, and any granted variance must be conditioned to avoid special privileges.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 4. Open-Space Zoning [65910 - 65912] ( Article 4 added by Stats. 1970, Ch. 1590. ) ## 65911. Variances from the terms of an open-space zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. This section shall be literally and strictly interpreted and enforced so as to protect the interest of the public in the orderly growth and development of cities and counties and in the preservation and conservation of open-space lands. (Added by Stats. 1970, Ch. 1590.)
65912.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 4. Open-Space Zoning [65910 - 65912] ( Article 4 added by Stats. 1970, Ch. 1590. )
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This section says local governments are not being given authority to use open-space zoning to take or damage private property without just compensation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Zoning Regulations [65800 - 65912] ( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ## ARTICLE 4. Open-Space Zoning [65910 - 65912] ( Article 4 added by Stats. 1970, Ch. 1590. ) ## 65912. The Legislature hereby finds and declares that this article is not intended, and shall not be construed, as authorizing the city or the county to exercise its power to adopt, amend or repeal an open-space zoning ordinance in a manner which will take or damage private property for public use without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or of the United States. (Added by Stats. 1970, Ch. 1590.)
65912.100.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. )
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This section names the chapter the Affordable Housing and High Road Jobs Act of 2022.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.100. This chapter shall be known and cited as the Affordable Housing and High Road Jobs Act of 2022. (Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.101.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. )
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This section defines terms used in the chapter, including development-related land use terms, housing categories, and what counts as a “use by right.”

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.101. For purposes of this chapter: (a) “Base units” has the same meaning as “total units” as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915. (b) “Campus development zone” means the set of parcels that are contained either wholly or partially within a one-half mile radius of a “main campus,” as defined by Section 94849 of the Education Code, of the University of California, the California State University, or the California Community Colleges. (c) “Commercial corridor” means a street that is not a freeway and that has a right-of-way of at least 70 and not greater than 150 feet. (d) “Development proponent” means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this chapter. (e) “Extremely low income faculty or staff” means an employee of the University of California, the California State University, or the California Community Colleges who satisfies the requirements of Section 50106 of the Health and Safety Code. (f) “Extremely low income households” has the same meaning as defined in Section 50106 of the Health and Safety Code. (g) “Freeway” has the same meaning as defined in Section 332 of the Vehicle Code, except it does not include the portion of a freeway that is an on ramp or off ramp that serves as a connector between the freeway and other roadways that are not freeways. (h) “Health care expenditures” include contributions under Sections 501(c) or (d) or 401(a) of the Internal Revenue Code and payments toward “medical care” as defined under Section 213(d)(1) of the Internal Revenue Code. (i) “Housing development project” has the same meaning as defined in Section 65589.5. (j) “Industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, warehousing uses, and any other use that is a source that is subject to permitting by a district, as defined in Section 39025 of the Health and Safety Code, pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). “Industrial use” does not include any of the following: (1) Power substations or utility conveyances such as power lines, broadband wires, and pipes. (2) A use where the only source permitted by a district is an emergency backup generator. (3) Self-storage for the residents of a building. (k) “Local affordable housing requirement” means either of the following: (1) A local government requirement, as a condition of development of residential units, that a housing development project include a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of development of residential units. (2) A local government requirement allowing a housing development project to be a use by right if the project includes a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of development of residential units. (l) “Local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (m) “Lower income faculty or staff” means an employee of the University of California, the California State University, or the California Community Colleges who satisfies the requirements of Section 50079.5 of the Health and Safety Code. (n) “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. (o) (1) “Lower income student” means any of the following: (A) A student who has a household income and asset level that does not exceed either of the following: (i) The level for Cal Grant A or Cal Grant B award recipients as set forth in subdivision (k) of Section 69432.7 of the Education Code. (ii) The level for the California College Promise Grant as set forth in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (g) of Section 76300 of the Education Code. (B) A student who otherwise qualifies for the California College Promise Grant as set forth in subparagraph (B) of paragraph (1) of subdivision (g) of Section 76300 of the Education Code. (C) A student who qualifies for Federal Pell Grant financial aid pursuant to Section 1070a of Title 20 of the United States Code. (D) A student who qualifies for an exemption from paying nonresident tuition pursuant to Section 68130.5 of the Education Code, provided that the student also meets income criteria in subparagraph (A) or (B). (E) A graduate student with income and asset levels that would qualify for one or more of the benefits in subparagraphs (A) to (D), inclusive, as determined by the campus at which the student is enrolled. (2) The eligibility of a student to occupy a unit for lower income students under this subdivision shall be verified by an affidavit, award letter, or letter of eligibility demonstrating that the student is eligible for financial aid, including an institutional grant or fee waiver, provided by the institution of higher education in which the student is enrolled, by the Student Aid Commission, or by the federal government. (p) “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code. (q) “Minimum efficiency reporting value” or “MERV” means the measurement scale developed by the American Society of Heating, Refrigerating and Air-Conditioning Engineers used to report the effectiveness of air filters. (r) “Moderate-income households” means households of persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. (s) “Multifamily” means a property with five or more housing units for sale or for rent. (t) “Neighborhood plan” means a specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3, an area plan, precise plan, community plan, urban village plan, or master plan. To qualify as a neighborhood plan, the plan must have been adopted by a local government before January 1, 2024, and within 25 years of the date that a development proponent submits an application pursuant to this chapter. A neighborhood plan does not include a community plan or plans where the cumulative area covered by the community plans in the jurisdiction is more than one-half of the area of the jurisdiction. (u) “Principally permitted use” means a use that, as of January 1, 2023, or thereafter, may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit, except that parking uses are considered principally permitted whether or not they require a conditional use permit. (v) “Regional mall” means a site that meets all of the following criteria on the date that a development proponent submits an application pursuant to this chapter: (1) The permitted uses on the site include at least 250,000 square feet of retail use. (2) At least two-thirds of the permitted uses on the site are retail uses. (3) At least two of the permitted retail uses on the site are at least 10,000 square feet. (w) “Street” has the same meaning as defined in Section 590 of the Vehicle Code, and includes sidewalks, as defined in Section 555 of the Vehicle Code. (x) “Urban uses” means any current or former residential, commercial, public institutional, public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination of those uses. (y) “Use by right” means a development project for which both of the following are true: (1) The development project is not subject to a conditional use permit, planned unit development permit, or any other discretionary local government approval, permit, or review process. (2) No aspect of the development project, including any permits required for the development project, is a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (z) “Very low income faculty or staff” means an employee of the University of California, the California State University, or the California Community Colleges who satisfies the requirements of Section 50105 of the Health and Safety Code. (aa) “Very low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code. (ab) “Very low vehicle travel area” has the same meaning as defined in subdivision (h) of Section 65589.5. (Amended by Stats. 2025, Ch. 500, Sec. 2. (AB 893) Effective January 1, 2026. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.102.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. )
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The department may adopt, change, or repeal guidelines to help carry out this chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.102. The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this chapter. Any guidelines or terms adopted pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.103.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. )
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This section defines “development project” broadly for counting units under the chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.103. For purposes of establishing the total number of units in a development under this chapter, a development project includes both of the following: (a) All projects developed on a site, regardless of when those developments occur. (b) All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2022, the adjacent site had been subdivided from the site developed pursuant to this chapter. (Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.103.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. )
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A local government reviewing a site for streamlined ministerial review must limit its review to the area physically disturbed by construction, unless the law expressly says otherwise.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.103.5. For purposes of determining whether a property or site satisfies the criteria, objective development standards, or other requirements for receiving streamlined, ministerial review under this chapter, a local government’s review of the property or site shall be limited to the area described as being physically disturbed by construction in the application for streamlined, ministerial review and shall not include, unless expressly stated otherwise, other contiguous or noncontiguous areas even if under the ownership or control of the project proponent. (Added by Stats. 2025, Ch. 500, Sec. 3. (AB 893) Effective January 1, 2026. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.104.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. )
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The department must study the outcomes of this chapter at least twice and complete the studies by January 1, 2027, and January 1, 2031.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.104. (a) The department shall undertake at least two studies of the outcomes of this chapter. One study shall be completed on or before January 1, 2027, and one shall be completed on or before January 1, 2031. (b) The studies required by subdivision (a) shall include, but not be limited to, the number of projects built, the number of units built, the jurisdictional and regional location of the housing, the relative wealth and access to resources of the communities in which they are built, the level of affordability, the effect on greenhouse gas emissions, and the creation of construction jobs that pay the prevailing wage. (c) (1) The department shall publish a report of the findings of a study required by subdivision (a), post the report on its internet website, and submit the report to the Legislature pursuant to Section 9795. (2) The outcomes of projects built under campus development zones shall be reported in the January 1, 2031, report. (Amended by Stats. 2025, Ch. 500, Sec. 4. (AB 893) Effective January 1, 2026. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.105.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. )
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This chapter stays in force only until January 1, 2033, when it is repealed.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.105. This chapter shall remain in effect only until January 1, 2033, and as of that date is repealed. (Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, by its own provisions. Note: Repeal affects Ch. 4.1, comprising sections 65912.100 to 65912.140.)
65912.106.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. )
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For certain housing development project applications submitted by December 31, 2024, the article applies as it existed on December 31, 2024, unless the development proponent chooses the January 1, 2025 version.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 1. General Provisions [65912.100 - 65912.106] ( Article 1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.106. If a housing development project application is submitted on or before December 31, 2024, the provisions of this article as applicable on December 31, 2024, shall apply unless the development proponent chooses to be subject to any of the provisions of this article as applicable on January 1, 2025. (Added by Stats. 2024, Ch. 272, Sec. 3. (AB 2243) Effective January 1, 2025.)
65912.110.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 2. Affordable Housing Developments in Commercial Zones [65912.110 - 65912.114] ( Article 2 added by Stats. 2022, Ch. 647, Sec. 3. )
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A development proponent may submit a housing development application if the project meets the listed statutory requirements, and the application is treated as a use by right with streamlined ministerial review.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 2. Affordable Housing Developments in Commercial Zones [65912.110 - 65912.114] ( Article 2 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.110. Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to Section 65912.114 if the proposed housing development satisfies all of the requirements in Sections 65912.111, 65912.112, and 65912.113. (Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.111.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 2. Affordable Housing Developments in Commercial Zones [65912.110 - 65912.114] ( Article 2 added by Stats. 2022, Ch. 647, Sec. 3. )
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A development project cannot use the streamlined ministerial review process in Section 65912.114 unless the site meets all listed location and land-use criteria.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 2. Affordable Housing Developments in Commercial Zones [65912.110 - 65912.114] ( Article 2 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.111. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development is proposed to be located on a site that satisfies all of the following criteria: (a) It is located in a zone where office, retail, or parking are a principally permitted use. (b) It is a legal parcel or parcels that meet either of the following: (1) It is within a city where the city boundaries include some portion of an urbanized area, as designated by the United States Census Bureau. (2) It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area, as designated by the United States Census Bureau. (c) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subdivision, parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered to be adjoined. (d) (1) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. (2) For purposes of this subdivision, parcels only separated by a street shall be considered to be adjoined. (3) For purposes of this subdivision, “dedicated to industrial use” means any of the following: (A) The square footage is currently being used as an industrial use. (B) The most recently permitted use of the square footage is an industrial use, and the site has been occupied within the past three years. (C) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022, and residential uses are not principally permitted on the site. (e) It satisfies the requirements specified in paragraph (6) of subdivision (a) of Section 65913.4, exclusive of clause (iv) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 65913.4. (f) The development is not located on a site where either of the following apply: (1) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (2) The existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (g) For a site within a neighborhood plan area, the neighborhood plan applicable to the site permitted multifamily housing development on the site. (h) For a vacant site, the site satisfies both of the following: (1) It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code. (2) It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179. (Amended by Stats. 2024, Ch. 272, Sec. 4. (AB 2243) Effective January 1, 2025. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.112.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 2. Affordable Housing Developments in Commercial Zones [65912.110 - 65912.114] ( Article 2 added by Stats. 2022, Ch. 647, Sec. 3. )
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A development project can use the streamlined ministerial review process only if its new units meet the listed affordability requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 2. Affordable Housing Developments in Commercial Zones [65912.110 - 65912.114] ( Article 2 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.112. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the new units created by the development project meet all of the following affordability criteria: (a) One hundred percent of the units within the development project, excluding managers’ units, shall be dedicated to lower income households at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (b) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units. (Amended by Stats. 2024, Ch. 272, Sec. 5. (AB 2243) Effective January 1, 2025. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.113.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 2. Affordable Housing Developments in Commercial Zones [65912.110 - 65912.114] ( Article 2 added by Stats. 2022, Ch. 647, Sec. 3. )
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A development project is not eligible for the streamlined ministerial review process unless it meets listed objective development standards.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 2. Affordable Housing Developments in Commercial Zones [65912.110 - 65912.114] ( Article 2 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.113. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development proposal meets all of the following objective development standards: (a) The development shall be a multifamily housing development project. (b) The residential density for the development will meet or exceed the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in paragraph (3) of subdivision (c) of Section 65583.2. (c) For any housing on the site located within 500 feet of a freeway, all of the following shall apply: (1) The building shall have a centralized heating, ventilation, and air-conditioning system. (2) The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway. (3) The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of 16. (4) The air filtration media shall be replaced at the manufacturer’s designated interval. (5) The building shall not have any balconies facing the freeway. (d) None of the housing is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas. (e) The development will meet the following objective zoning standards, objective subdivision standards, and objective design review standards: (1) The applicable objective standards shall be those for the zone that allows residential use at a greater density between the following: (A) The existing zoning designation for the parcel if existing zoning allows multifamily residential use. (B) The zoning designation for the closest parcel that allows residential use at a density proposed by the project. (2) The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article. (f) For any project that is the conversion of the use of an existing nonresidential use building to residential use, the local government shall not require the provision of common open space beyond what is already existing on the project site. (g) For purposes of this section, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following: (1) A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted. (2) In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this section if the development is consistent with the standards set forth in the general plan. (Amended by Stats. 2024, Ch. 272, Sec. 6. (AB 2243) Effective January 1, 2025. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.114.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 2. Affordable Housing Developments in Commercial Zones [65912.110 - 65912.114] ( Article 2 added by Stats. 2022, Ch. 647, Sec. 3. )
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Local governments must review qualifying developments in writing within set deadlines, approve them once consistent with objective standards, and require environmental assessments and mitigation when needed.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 2. Affordable Housing Developments in Commercial Zones [65912.110 - 65912.114] ( Article 2 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.114. (a) (1) A local government shall determine, in writing, whether a development submitted pursuant to this article is consistent or inconsistent with the objective planning standards specified in this article within the following timeframes: (A) Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units. (B) Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units. (C) Within 30 days of submittal of any development proposal that was resubmitted to address written feedback provided by the local government pursuant to paragraph (2). (2) (A) If a local government determines that a development submitted pursuant to this article is in conflict with any of the objective planning standards specified in this article, it shall provide the development proponent, in writing, with an exhaustive list of the standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the timeframes specified in paragraph (1). (B) In any subsequent review of the application determined to be in conflict with the objective planning standards specified in this article, the local government shall not request the development proponent to provide any new information that was not stated in the initial list of items that were determined to be in conflict. (3) Once the local government determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development within the following timeframes: (A) Within 60 days of the date that the development is determined to be consistent with the objective planning standards specified in this article, if the development contains 150 or fewer housing units. (B) Within 90 days of the date that the development is determined to be consistent with the objective planning standards specified in this article, if the development contains more than 150 housing units. (4) If the local government fails to provide the required documentation pursuant to paragraph (2), the development shall be deemed to satisfy the required objective planning standards. (b) (1) For purposes of this section, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (2) For purposes of this section, a development is not in conflict with the objective planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (c) The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” as defined in Section 21065 of the Public Resources Code. (d) Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section. (e) If a development is located within an area of the coastal zone that is not excluded under clause (i), (ii), (iii), or (v) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 65913.4, the development shall require a coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local government’s certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area. (f) (1) A development proposed pursuant to this article shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915. (2) The utilization by a development proponent of incentives, concessions, and waivers or reductions of development standards allowed pursuant to Section 65915 shall not cause the project to be subject to a local discretionary government review process, or be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code, even if that incentive, concession, or waiver or reduction of development standards is not specified in a local ordinance. (3) For purposes of this section, receipt of any density bonus, concession, incentive, waiver or reduction of development standards, and parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program. (g) If a development proposed pursuant to this article demolishes or changes an existing use, the amount of a fee, as defined in Section 66000, imposed on the development shall be offset to account for the demolition or change so that the amount of the fee is attributable only to the development’s incremental impact on public facilities or services. For purposes of this subdivision, an offset amount that exceeds the fee amount shall not be refundable or used to offset any other fee. This subdivision does not supersede or in any way alter or lessen the effect of the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 7.5 (commencing with Section 66015), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). For the purpose of this subdivision, “changes an existing use” means no demolition is proposed, but a current office, commercial, or similar use changes to residential use. (h) The local government shall ensure that the project satisfies the requirements specified in Article 2 (commencing with Section 66300.5) of Chapter 12, regardless of whether the development is within or not within an affected city or within or not within an affected county. (i) If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (j) A local government may, by ordinance adopted to implement this article, exempt a parcel from this section before a development proponent submits a development application on a parcel pursuant to this article if the local government makes written findings establishing all of the following: (1) The local government has identified one or more parcels that meet the criteria described in subdivisions (b) through (f) of Section 65912.111. (2) (A) If a parcel identified in paragraph (1) would not otherwise be eligible for development pursuant to this chapter, the implementing ordinance authorizes the parcel to be developed pursuant to the requirements of this chapter. A parcel reclassified for development pursuant to this subparagraph shall be suitable for residential development. For purposes of this subparagraph, a parcel suitable for residential development shall have the same meaning as “land suitable for residential development,” as defined in Section 65583.2. (B) If a parcel identified in paragraph (1) would otherwise be eligible for development pursuant to this chapter, the implementing ordinance authorizes the parcel to be developed ministerially at residential densities above the residential density required in subdivision (b) of Section 65912.113. (3) The substitution of the parcel or parcels identified in this subdivision for parcels reclassified pursuant to paragraph (2) will result in all of the following: (A) No net loss of the total potential residential capacity in the jurisdiction relative to the total capacity that existed in the jurisdiction through the combined effect of this chapter and local law as of the date of the adoption of the ordinance. In making the no net loss calculation specified by this subparagraph, the local government need only factor in the parcels substituted and reclassified pursuant to this subdivision. (B) No net loss of the total potential residential capacity of housing affordable to lower income households in the jurisdiction relative to the total capacity that existed in the jurisdiction through the combined effect of this chapter and local law as of the date of the adoption of the ordinance. In making the no net loss calculation specified by this subparagraph, the local government need only factor in the parcels substituted and reclassified pursuant to this subdivision. (C) Affirmative furthering of fair housing. (4) A parcel or parcels reclassified for development pursuant to subparagraph (A) of paragraph (2) shall be eligible for development pursuant to this chapter notwithstanding any contrary provision of the local government’s charter, general plan, or ordinances, and a parcel or parcels reclassified for development pursuant to subparagraph (B) of paragraph (2) shall be developed ministerially at the densities and heights specified in the ordinance notwithstanding any contrary provision of the local government’s charter, general plan, or ordinances. (5) The local government has completed all of the rezonings required pursuant to subdivision (c) of Section 65583 for the sixth revision of its housing element. (6) The local government has designated on its zoning maps which parcels have been exempted from this chapter and which parcels have been reclassified for development pursuant to this chapter. This information shall be made publicly available through the local government’s internet website. (k) (1) The local government shall, as a condition of approval of the development, require the development proponent to complete a phase I environmental assessment, as defined in Section 78090 of the Health and Safety Code. (2) If a recognized environmental condition is found, the development proponent shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. (A) If a release of a hazardous substance is found to exist on the site, before the local government issues a certificate of occupancy, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (B) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, before the local government issues a certificate of occupancy, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (l) A local government’s approval of a development pursuant to this section shall, notwithstanding any other law, be subject to the expiration timeframes specified in subdivision (g) of Section 65913.4. (m) Any proposed modifications to a development project approved pursuant to this section shall be undertaken pursuant to subdivision (h) of Section 65913.4. (n) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section. (o) A local government shall issue a subsequent permit required for a development approved under this section pursuant to paragraph (2) of subdivision (i) of Section 65913.4. (p) A public improvement that is necessary to implement a development that is approved pursuant to this section shall be undertaken pursuant to paragraph (3) of subdivision (i) of Section 65913.4. (q) Easements for public right-of-way, public or private utilities, or other public improvements in, under, or over the property shall not make the property ineligible to receive streamlined, ministerial review pursuant to this section. (r) A local government may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code. (s) Section 65589.5 applies to a development proceeding pursuant to this article. (Amended by Stats. 2025, Ch. 500, Sec. 5. (AB 893) Effective January 1, 2026. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.120.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 3. Mixed-Income Housing Developments Along Commercial Corridors [65912.120 - 65912.124] ( Article 3 added by Stats. 2022, Ch. 647, Sec. 3. )
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A development proponent may submit a housing development application that is treated as a use by right and gets streamlined, ministerial review if the project meets the listed requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 3. Mixed-Income Housing Developments Along Commercial Corridors [65912.120 - 65912.124] ( Article 3 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.120. Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to Section 65912.124 if the proposed housing development satisfies all of the requirements in Sections 65912.121, 65912.122, and 65912.123. (Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.121.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 3. Mixed-Income Housing Developments Along Commercial Corridors [65912.120 - 65912.124] ( Article 3 added by Stats. 2022, Ch. 647, Sec. 3. )
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A development project cannot use the streamlined ministerial review process unless the site meets all listed location, size, use, and housing-related criteria.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 3. Mixed-Income Housing Developments Along Commercial Corridors [65912.120 - 65912.124] ( Article 3 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.121. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project is on a site that satisfies all of the following criteria: (a) It is located within a zone where office, retail, or parking are a principally permitted use. (b) It is located on a legal parcel, or parcels, that meet either of the following: (1) It is within a city where the city boundaries include some portion of an urbanized area, as designated by the United States Census Bureau. (2) It is in an unincorporated area, and the legal parcel, or parcels, are wholly within the boundaries of an urbanized area, as designated by the United States Census Bureau. (c) It satisfies either of the following criteria: (1) The project site abuts a commercial corridor and has a frontage along the commercial corridor of a minimum of 50 feet. (2) The site is in a campus development zone. (d) The site is not greater than 20 acres, unless the site is a regional mall, in which case the site is not greater than 100 acres. (e) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subdivision, parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered to be adjoined. (f) (1) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. (2) For purposes of this subdivision, parcels only separated by a street shall be considered to be adjoined. (3) For purposes of this subdivision, “dedicated to industrial use” means any of the following: (A) The square footage is currently being used as an industrial use. (B) The most recently permitted use of the square footage is an industrial use, and the site has been occupied within the past three years. (C) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022, and residential uses are not principally permitted on the site. (g) It satisfies the requirements specified in paragraph (6) of subdivision (a) of Section 65913.4, exclusive of clause (iv) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 65913.4. (h) The development is not located on a site where any of the following apply: (1) The development would require the demolition of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (C) Housing that has been occupied by tenants within the past 10 years, excluding any manager’s units. (2) The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submits an application under this article. (3) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (4) The property contains one to four dwelling units. (5) The property is vacant and zoned for housing but not for multifamily residential use. (6) The existing parcel of land or site is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (i) For a site within a neighborhood plan area, the neighborhood plan applicable to the site permitted multifamily housing development on the site. (j) For a vacant site, the site satisfies both of the following: (1) It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code. (2) It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179. (Amended by Stats. 2025, Ch. 500, Sec. 6. (AB 893) Effective January 1, 2026. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.122.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 3. Mixed-Income Housing Developments Along Commercial Corridors [65912.120 - 65912.124] ( Article 3 added by Stats. 2022, Ch. 647, Sec. 3. )
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A development project loses streamlined ministerial review unless its new housing units meet specified affordability rules.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 3. Mixed-Income Housing Developments Along Commercial Corridors [65912.120 - 65912.124] ( Article 3 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.122. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the new housing units created by the development project meet all of the following affordability criteria: (a) (1) Except as provided in paragraph (2), a rental housing development shall include either of the following: (A) Eight percent of the base units for very low income households and 5 percent of the units for extremely low income households. (B) Fifteen percent of the base units for lower income households. (2) Notwithstanding paragraph (1), a rental housing development in a campus development zone shall include either of the following: (A) (i) Both of the following: (I) Five percent of the base units for extremely low income households, extremely low income faculty or staff, or students experiencing homelessness. (II) Eight percent of the base units for very low income households, very low income faculty or staff, or students experiencing homelessness. (ii) For the purposes of this subparagraph, a homeless services provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homelessness status may verify a person’s status as homeless. (B) Fifteen percent of the base units for lower income households, lower income students, or lower income faculty or staff. (3) The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable rental units included pursuant to this subdivision for 55 years. Rents shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (b) (1) Except as provided in paragraph (2), an owner-occupied housing development shall include either of the following: (A) Thirty percent of the base units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households. (B) Fifteen percent of the base units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households. (2) Notwithstanding paragraph (1), an owner-occupied housing development in a campus development zone shall include either of the following: (A) Thirty percent of the base units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households. (B) Fifteen percent of the base units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households, lower income students, or lower income faculty or staff. (3) The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable ownership units for a period of 45 years. (c) If the local government has a local affordable housing requirement, the housing development project shall comply with all of the following: (1) The development project shall include the percentage of affordable units required by this section or the local requirement, whichever is higher. (2) The development project shall meet the affordability level of a local affordable housing requirement if it is a deeper affordability level than required by this section. (3) If the local affordable housing requirement requires greater than 15 percent of the units to be dedicated for lower income households and does not require the inclusion of units affordable to very low and extremely low income households, then the rental housing development shall do both of the following: (A) Include 8 percent of the units for very low income households and 5 percent of the units for extremely low income households. (B) Fifteen percent of units affordable to lower income households shall be subtracted from the percentage of units required by the local policy at the highest required affordability level. (d) Affordable units in the development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes. (Amended by Stats. 2025, Ch. 500, Sec. 7. (AB 893) Effective January 1, 2026. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.123.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 3. Mixed-Income Housing Developments Along Commercial Corridors [65912.120 - 65912.124] ( Article 3 added by Stats. 2022, Ch. 647, Sec. 3. )
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A development project can use the streamlined review process only if it meets this section’s objective standards for density, height, setbacks, parking, environmental siting, and tenant notice/relocation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 3. Mixed-Income Housing Developments Along Commercial Corridors [65912.120 - 65912.124] ( Article 3 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.123. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project meets all of the following objective development standards: (a) The development shall be a multifamily housing development project. (b) The residential density for the development, prior to the award of any eligible density bonus pursuant to Section 65915, shall be determined as follows: (1) In a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, the allowable residential density for the development shall be the greater of the following: (A) The maximum allowable residential density, as defined in paragraph (6) of subdivision (o) of Section 65915, allowed on the parcel by the local government. (B) For sites of less than one acre in size, 30 units per acre. (C) For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 40 units per acre. (D) For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 60 units per acre. (E) Notwithstanding subparagraph (B), (C), or (D), for sites within a very low vehicle travel area, within one-half mile of a major transit stop, or within a campus development zone, 80 units per acre. (2) In a jurisdiction that is not a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, the allowable residential density for the development shall be the greater of the following: (A) The maximum allowable residential density, as defined in paragraph (6) of subdivision (o) of Section 65915, allowed on the parcel by the local government. (B) For sites of less than one acre in size, 20 units per acre. (C) For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 30 units per acre. (D) For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 50 units per acre. (E) Notwithstanding subparagraph (B), (C), or (D), for sites within a very low vehicle travel area, within one-half mile of a major transit stop, or within a campus development zone, 70 units per acre. (3) (A) For a housing development project application that has been determined to be consistent with the objective planning standards specified in this article, pursuant to subdivision (a) of Section 65912.124, before January 1, 2027, the development project shall be developed at a density as follows: (i) Except as provided in clause (ii), 50 percent or greater of the applicable allowable residential density contained in subparagraphs (B) to (E), inclusive, of paragraph (1) or subparagraphs (B) to (E), inclusive, of paragraph (2), as applicable. (ii) For a site within one-half mile of an existing passenger rail or bus rapid transit station, 75 percent or greater of the applicable allowable residential density contained in subparagraphs (B) to (E), inclusive, of paragraph (1) or subparagraphs (B) to (E), inclusive, of paragraph (2), as applicable. (iii) For a site within a campus development zone, 75 percent or greater of the applicable allowable residential density contained in subparagraph (E) of paragraph (2). (B) For a housing development project application that has been determined to be consistent with the objective planning standards specified in this article, pursuant to subdivision (a) of Section 65912.124, on or after January 1, 2027, the development project shall be developed at a density that is 75 percent or greater of the applicable allowable residential density contained in subparagraphs (B) to (E), inclusive, of paragraph (1) or subparagraphs (B) to (E), inclusive, of paragraph (2), as applicable. (4) Notwithstanding paragraphs (1) and (2), a development project shall not be subject to any density limitation if the development project is a conversion of existing buildings into residential use, unless the development project includes additional new square footage that is more than 20 percent of the overall square footage of the project. (c) The height limit applicable to the housing development shall be the greater of the following: (1) The height allowed on the parcel by the local government. (2) For sites on a commercial corridor of less than 100 feet in width, 35 feet. (3) For sites on a commercial corridor of 100 feet in width or greater, 45 feet. (4) Notwithstanding paragraphs (2) and (3), 65 feet for sites that meet all of the following criteria: (A) They are within one-half mile of a major transit stop. (B) They are within a city with a population of greater than 100,000. (C) They are not within a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code. (5) For sites in a campus development zone, either of the following: (A) Forty-five feet, if not located in a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2. (B) Sixty-five feet, if located in a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2. (d) The property meets the following standards: (1) For the portion of the property that fronts a commercial corridor or for a property in a campus development zone, the following shall occur: (A) No setbacks shall be required. (B) All aboveground parking must be set back at least 25 feet. (C) On the ground floor, a building or buildings must abut within 10 feet of the street for at least 80 percent of the frontage. (2) For the portion of the property that abuts an adjoining property that also abuts the same commercial corridor as the property, no setbacks are required unless the adjoining property contains a residential use that was constructed prior to the enactment of this chapter, in which case the requirements of subparagraph (A) of paragraph (3) apply. (3) For the portion of the property line that does not abut or lie within a commercial corridor, or an adjoining property that also abuts the same commercial corridor as the property, the following shall occur: (A) Along property lines that abut a property that contains a residential use, the following shall occur: (i) The ground floor of the development project shall be set back at 10 feet. The amount required to be set back may be decreased by the local government. (ii) Starting with the second floor of the property, each subsequent floor of the development project shall be stepped back in an amount equal to seven feet multiplied by the floor number. For purposes of this paragraph, the ground floor counts as the first floor. The amount required to be stepped back may be decreased by the local government. (B) Along property lines that abut a property that does not contain a residential use, the development shall be set back 15 feet. The amount required to be stepped back may be decreased by the local government. (4) For a development project at a regional mall, all of the following requirements apply: (A) The average size of a block shall not exceed three acres. For purposes of this subparagraph, a “block” means an area fully surrounded by streets, pedestrian paths, or a combination of streets and pedestrian paths that are each at least 40 feet in width. (B) At least 5 percent of the site shall be dedicated to open space. (C) For the portion of the property that fronts a street that is newly created by the project and is not a commercial corridor, a building shall abut within 10 feet of the street for at least 60 percent of the frontage. (e) No parking shall be required, including replacement parking, except that this article shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development to provide bicycle parking, electric vehicle supply equipment installed parking spaces, or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this article did not apply. (f) For any housing on the site located within 500 feet of a freeway, all of the following shall apply: (1) The building shall have a centralized heating, ventilation, and air-conditioning system. (2) The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway. (3) The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of 16. (4) The air filtration media shall be replaced at the manufacturer’s designated interval. (5) The building shall not have any balconies facing the freeway. (g) None of the housing on the site is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas. (h) (1) The development proponent shall provide written notice of the pending application to each commercial tenant on the parcel when the application is submitted. (2) The development proponent shall provide relocation assistance to each eligible commercial tenant located on the site as follows: (A) For a commercial tenant operating on the site for at least one year but less than five years, the relocation assistance shall be equivalent to six months’ rent. (B) For a commercial tenant operating on the site for at least 5 years but less than 10 years, the relocation assistance shall be equivalent to nine months’ rent. (C) For a commercial tenant operating on the site for at least 10 years but less than 15 years, the relocation assistance shall be equivalent to 12 months’ rent. (D) For a commercial tenant operating on the site for at least 15 years but less than 20 years, the relocation assistance shall be equivalent to 15 months’ rent. (E) For a commercial tenant operating on the site for at least 20 years, the relocation assistance shall be equivalent to 18 months’ rent. (3) The relocation assistance shall be provided to an eligible commercial tenant upon expiration of the lease of that commercial tenant. (4) For purposes of this subdivision, a commercial tenant is eligible for relocation assistance if the commercial tenant meets all of the following criteria: (A) The commercial tenant is an independently owned and operated business with its principal office located in the county in which the property on the site that is leased by the commercial tenant is located. (B) The commercial tenant’s lease expired and was not renewed by the property owner. (C) The commercial tenant’s lease expired within the three years following the development proponent’s submission of the application for a housing development pursuant to this article. (D) The commercial tenant employs 20 or fewer employees and has annual average gross receipts under one million dollars ($1,000,000) for the three-taxable-year period ending with the taxable year that precedes the expiration of their lease. (E) The commercial tenant is still in operation on the site at the time of the expiration of its lease. (5) Notwithstanding paragraph (4), for purposes of this subdivision, a commercial tenant is ineligible for relocation assistance if the commercial tenant meets both of the following criteria: (A) The commercial tenant entered into a lease on the site after the development proponent’s submission of the application for a housing development pursuant to this article. (B) The commercial tenant had not previously entered into a lease on the site. (6) (A) The commercial tenant shall utilize the funds provided by the development proponent to relocate the business or for costs of a new business. (B) Notwithstanding paragraph (2), if the commercial tenant elects not to use the funds provided as required by subparagraph (A), the development proponent shall provide only assistance equal to three months’ rent, regardless of the duration of the commercial tenant’s lease. (7) For purposes of this subdivision, monthly rent is equal to one-twelfth of the total amount of rent paid by the commercial tenant in the last 12 months. (i) For any project that is the conversion of an existing building for nonresidential use building to residential use, the local government shall not require the provision of common open space beyond what is required for the existing project site. (j) Objective zoning standards, objective subdivision standards, and objective design review standards not specified elsewhere in this section, as follows: (1) The applicable objective standards shall be those for the closest zone in the city, county, or city and county that allows multifamily residential use at the residential density proposed by the project. If no zone exists that allows the residential density proposed by the project, the applicable objective standards shall be those for the zone that allows the greatest density within the city, county, or city and county. (2) The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article. (3) The objective standards shall not preclude a development from being built at the residential density required pursuant to subdivision (b) and shall not require the development to reduce unit size to meet the objective standards. (4) The applicable objective standards may include a requirement that up to one-half of the ground floor of the housing development project be dedicated to retail use. (5) For purposes of this section, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan. (Amended by Stats. 2025, Ch. 500, Sec. 8. (AB 893) Effective January 1, 2026. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.124.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 3. Mixed-Income Housing Developments Along Commercial Corridors [65912.120 - 65912.124] ( Article 3 added by Stats. 2022, Ch. 647, Sec. 3. )
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Local governments must write timely consistency determinations and approvals for qualifying developments, and they cannot add extra requirements just because a project gets streamlined ministerial review.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 3. Mixed-Income Housing Developments Along Commercial Corridors [65912.120 - 65912.124] ( Article 3 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.124. (a) (1) A local government shall determine, in writing, whether a development submitted pursuant to this article is consistent or is not consistent with the objective planning standards specified in this article within the following timeframes: (A) Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units. (B) Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units. (C) Within 30 days of submittal of any development proposal that was resubmitted to address written feedback provided by the local government pursuant to this subdivision. (2) (A) If a local government determines that a development submitted pursuant to this article is in conflict with any of the objective planning standards specified in this article, it shall provide the development proponent, in writing, with an exhaustive list of the standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the timeframes specified in paragraph (1). (B) In any subsequent review of the application determined to be in conflict with the objective planning standards specified in this article, the local government shall not request the development proponent to provide any new information that was not stated in the initial list of items that were determined to be in conflict. (3) Once the local government determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development within the following timeframes: (A) Within 60 days of the date that the development is determined to be consistent with the objective planning standards specified in this article, if the development contains 150 or fewer housing units. (B) Within 90 days of the date that the development is determined to be consistent with the objective planning standards specified in this article, if the development contains more than 150 housing units. (4) If the local government fails to provide the required documentation pursuant to paragraph (2), the development shall be deemed to satisfy the required objective planning standards. (b) (1) For purposes of this section, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (2) For purposes of this section, a development is not in conflict with the objective planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (c) The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” as defined in Section 21065 of the Public Resources Code. (d) Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section. (e) If a development is located within an area of the coastal zone that is not excluded under clause (i), (ii), (iii), or (v) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 65913.4, the development shall require a coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local government’s certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area. (f) (1) A housing development proposed pursuant to this article shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915, except that the project shall not use a concession to reduce a local government requirement for the provision of ground floor retail that is consistent with the allowance contained in paragraph (3) of subdivision (j) of Section 65912.123. (2) A development proponent may use incentives, concessions, and waivers or reductions of development standards allotted pursuant to subdivisions (d) and (e) of Section 65915 to deviate from the objective standards contained in subdivision (c) and paragraphs (2) and (3) of subdivision (d) of Section 65912.123. (3) The utilization by a development proponent of incentives, concessions, and waivers or reductions of development standards allowed pursuant to Section 65915 shall not cause the project to be subject to a local discretionary government review process, or be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code, even if that incentive, concession, or waiver or reduction of development standards is not specified in a local ordinance. (4) For purposes of this section, receipt of any density bonus, concession, incentive, waiver or reduction of development standards, and parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program. (5) Notwithstanding paragraph (6) of subdivision (o) of Section 65915, for purposes of this subdivision, the maximum allowable residential density means the allowable density as determined pursuant to paragraphs (1) and (2) of subdivision (b) of Section 65912.123. (g) If a development proposed pursuant to this article demolishes or changes an existing use, the amount of a fee, as defined in Section 66000, imposed on the development shall be offset to account for the demolition or change so that the amount of the fee is attributable only to the development’s incremental impact on public facilities or services. For purposes of this subdivision, an offset amount that exceeds the fee amount shall not be refundable or used to offset any other fee. This subdivision does not supersede or in any way alter or lessen the effect of the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 7.5 (commencing with Section 66015), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). For the purpose of this subdivision, “changes an existing use” means no demolition is proposed, but a current office, commercial, or similar use changes to residential use. (h) The local government shall ensure that the project satisfies the requirements specified in Article 2 (commencing with Section 66300.5) of Chapter 12, regardless of whether the development is within or not within an affected city or within or not within an affected county. (i) If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (j) A local government may, by ordinance adopted to implement this article, exempt a parcel from this section before a development proponent submits a development application on a parcel pursuant to this article if the local government makes written findings establishing all of the following: (1) The local government has identified a parcel or parcels that meet the criteria described in subdivisions (b) and (e) to (h), inclusive, of Section 65912.121. (2) (A) If a parcel identified in paragraph (1) would not otherwise be eligible for development pursuant to this chapter, the implementing ordinance authorizes the parcel to be developed pursuant to the requirements of this chapter. A parcel reclassified for development pursuant to this subparagraph shall be suitable for residential development. For purposes of this subparagraph, a parcel suitable for residential development shall have the same meaning as “land suitable for residential development,” as defined in Section 65583.2. (B) If a parcel identified in paragraph (1) would otherwise be eligible for development pursuant to this chapter, the implementing ordinance authorizes the parcel to be developed ministerially at residential densities above the residential density required in subdivision (b) of Section 65912.123 and heights required in subdivision (c) of Section 65912.123. (3) The substitution of the parcel or parcels identified in this subdivision for parcels reclassified pursuant to paragraph (2) will result in all of the following: (A) No net loss of the total potential residential capacity in the jurisdiction relative to the total capacity that existed in the jurisdiction through the combined effect of local and state law as of the date of the adoption of the ordinance. In making the no net loss calculation specified by this subparagraph, the local government need only factor in the parcels substituted and reclassified pursuant to this subdivision. (B) No net loss of the total potential residential capacity of housing affordable to lower income households in the jurisdiction relative to the total capacity that existed in the jurisdiction through the combined effect of this chapter and local law as of the date of the adoption of the ordinance. In making the no net loss calculation specified by this subparagraph, the local government need only factor in the parcels substituted and reclassified pursuant to this subdivision. (C) Affirmative furthering of fair housing. (4) A parcel or parcels reclassified for development pursuant to subparagraph (A) of paragraph (2) shall be eligible for development pursuant to this chapter notwithstanding any contrary provision of the local government’s charter, general plan, or ordinances, and a parcel or parcels reclassified for development pursuant to subparagraph (B) of paragraph (2) shall be developed ministerially at the densities and heights specified in the ordinance notwithstanding any contrary provision of the local government’s charter, general plan, or ordinances. (5) The local government has completed all of the rezonings required pursuant to subdivision (c) of Section 65583 for the sixth revision of its housing element. (6) The local government has designated on its zoning maps which parcels have been exempted from this chapter and which parcels have been reclassified for development pursuant to this chapter. This information must be made publicly available through the local government’s internet website. (k) (1) The local government shall, as a condition of approval of the development, require the development proponent to complete a phase I environmental assessment, as defined in Section 78090 of the Health and Safety Code. (2) If a recognized environmental condition is found, the development proponent shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. (A) If a release of a hazardous substance is found to exist on the site, before the local government issues a certificate of occupancy, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (B) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, before the local government issues a certificate of occupancy, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (l) A local government’s approval of a development pursuant to this section shall, notwithstanding any other law, be subject to the expiration timeframes specified in subdivision (g) of Section 65913.4. (m) Any proposed modifications to a development project approved pursuant to this section shall be undertaken pursuant to subdivision (h) of Section 65913.4. (n) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section. (o) A local government shall issue a subsequent permit required for a development approved under this section pursuant to paragraph (2) of subdivision (i) of Section 65913.4. (p) A public improvement that is necessary to implement a development that is approved pursuant to this section shall be undertaken pursuant to paragraph (3) of subdivision (i) of Section 65913.4. (q) Easements for public right-of-way, public or private utilities, or other public improvements in, under, or over the property shall not make the property ineligible to receive streamlined, ministerial review pursuant to this section. (r) A local government may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code. (s) Section 65589.5 applies to a development proceeding pursuant to this article. (Amended by Stats. 2025, Ch. 500, Sec. 9. (AB 893) Effective January 1, 2026. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.130.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 4. Labor Standards [65912.130 - 65912.131] ( Article 4 added by Stats. 2022, Ch. 647, Sec. 3. )
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Certain approved development projects must follow labor standards, including prevailing wage rules, contractor registration, payroll record duties, and notice to the Department of Industrial Relations.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 4. Labor Standards [65912.130 - 65912.131] ( Article 4 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.130. A development project approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall meet all of the following labor standards: (a) The development proponent shall require in contracts with construction contractors, and shall certify to the local government, that the standards specified in this section will be met in project construction. (b) A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following: (1) All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (2) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work. (3) All contractors and subcontractors for those portions of the development that are not a public work shall comply with all of the following: (A) Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (B) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subparagraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (C) Be registered in accordance with Section 1725.6 of the Labor Code. (c) (1) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this section may be enforced by any of the following: (A) The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development. (B) An underpaid worker through an administrative complaint or civil action. (C) A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. (2) If a civil wage and penalty assessment is issued pursuant to this section, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (3) This subdivision does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subdivision, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (d) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker. (e) The requirement of this section to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (f) For those portions of the development that are not a public work, the development proponent shall provide notice of all contracts for the performance of the work to the Department of Industrial Relations, in accordance with Section 1773.35 of the Labor Code. (Amended by Stats. 2023, Ch. 39, Sec. 20. (AB 130) Effective July 10, 2023. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.131.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 4. Labor Standards [65912.130 - 65912.131] ( Article 4 added by Stats. 2022, Ch. 647, Sec. 3. )
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Large housing developments must meet labor standards, including apprenticeship, health care spending, reporting, and payroll record rules.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 4. Labor Standards [65912.130 - 65912.131] ( Article 4 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.131. In addition to the requirements of Section 65912.130, a development of 50 or more housing units approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall meet all of the following labor standards: (a) The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in subdivisions (b) and (c). A construction contractor is deemed in compliance with subdivisions (b) and (c) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents. (b) A contractor with construction craft employees shall either participate in an apprenticeship program approved by the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this subdivision. (c) Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two 40-year-old adults and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this subdivision. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in Section 65912.130. (d) (1) The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with subdivisions (b) and (c). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be open to public inspection. (2) A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with subdivision (b) or (c) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of subdivision (b) or (c). (3) Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code. (e) Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code. (f) All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. (g) A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to subdivision (c) in accordance with Section 218.7, 218.8, or 218.9 of the Labor Code. (Amended by Stats. 2025, Ch. 774, Sec. 1. (SB 597) Effective January 1, 2026. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.140.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 5. Severability [65912.140- 65912.140.] ( Article 5 added by Stats. 2022, Ch. 647, Sec. 3. )
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This section says one part of the chapter is severable, but Article 4 is not. If any non-exempt part of Article 4 is invalid, the whole chapter becomes null and void.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 [65912.100 - 65912.140] ( Chapter 4.1 added by Stats. 2022, Ch. 647, Sec. 3. ) ## ARTICLE 5. Severability [65912.140- 65912.140.] ( Article 5 added by Stats. 2022, Ch. 647, Sec. 3. ) ## 65912.140. The provisions of subdivision (c) of Section 65912.131 concerning health care expenditure are distinct and severable from the remaining provisions of this chapter. However, Article 4 (commencing with Section 65912.130) is a material and integral part of this chapter and is not severable. If any provision of Article 4 (commencing with Section 65912.130) or its application, exclusive of those included in subdivision (c) of Section 65912.131, is held invalid, this entire chapter shall be null and void. (Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.155.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. )
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The Legislature states findings about housing, transit access, and the value of building more homes near transit.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. ) ## 65912.155. The Legislature finds and declares all of the following: (a) California faces a housing shortage both acute and chronic, particularly in areas with access to robust public transit infrastructure. (b) Creating ownership opportunities can be an effective long-term strategy for building wealth and can create a path to financial security. (c) Building more homes near transit access reduces housing and transportation costs for California families, and promotes environmental sustainability, economic growth, and reduced traffic congestion. (d) Public transit systems require sustainable funding to provide reliable service, especially in areas experiencing increased density and ridership. The state does not invest in public transit service to the same degree as it does in roads, and the state funds a smaller proportion of the state’s major transit agencies’ operations costs than other states with comparable systems. Transit systems in other countries derive significant revenue from transit-oriented development at and near their stations. (Added by Stats. 2025, Ch. 512, Sec. 1. (SB 79) Effective January 1, 2026.)
65912.156.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. )
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This section defines key terms used in the transit-oriented development chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. ) ## 65912.156. For purposes of this chapter, the following definitions apply: (a) “Adjacent” means within 200 feet of any pedestrian access point to a transit-oriented development stop. (b) “Commuter rail” means a public rail transit service not meeting the standards for heavy rail or light rail, excluding California High-Speed Rail and Amtrak Long Distance Service. (c) “Department” means the Department of Housing and Community Development. (d) “Heavy rail transit” means a public electric railway line with the capacity for a heavy volume of traffic using high-speed and rapid acceleration passenger rail cars operating singly or in multicar trains on fixed rails, separate rights-of-way from which all other vehicular and foot traffic are excluded, and high platform loading. “Heavy rail transit” does not include California High-Speed Rail. (e) “High-frequency commuter rail” means a commuter rail service operating a total of at least 48 trains per day across both directions, not including temporary service changes of less than one month or unplanned disruptions, and not meeting the standard for very high frequency commuter rail, at any point in the past three years. (f) “High-resource area” means an area designated as highest resource or high resource on the most recently adopted version of the opportunity area maps published by the California Tax Credit Allocation Committee and the department. (g) “Housing development project” has the same meaning as defined in Section 65589.5, but does not include a project of which any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. For the purposes of this subdivision, the term “other transient lodging” does not include either of the following: (1) A residential hotel, as defined in Section 50519 of the Health and Safety Code. (2) After the issuance of a certificate of occupancy, a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, in a manner consistent with local law. (h) “Light rail transit” includes streetcar, trolley, and tramway service. “Light rail transit” does not include airport people movers. (i) “Net habitable square footage” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements. (j) “Low-resource area” means an area designated as low resource on the most recently adopted version of the opportunity area maps published by the California Tax Credit Allocation Committee and the department. (k) “Rail transit” has the same meaning as defined in Section 99602 of the Public Utilities Code. (l) “Residential floor area ratio” means the ratio of net habitable square footage dedicated to residential use to the area of the lot. (m) “Transit-oriented development zone” means the area within one-half mile of a transit-oriented development stop. (n) “Tier 1 transit-oriented development stop” means a transit-oriented development stop within an urban transit county served by heavy rail transit or very high frequency commuter rail. (o) “Tier 2 transit-oriented development stop” means a transit-oriented development stop within an urban transit county, excluding a Tier 1 transit-oriented development stop, served by light rail transit, by high-frequency commuter rail, or by bus service meeting the standards of paragraph (1) of subdivision (a) of Section 21060.2 of the Public Resources Code. (p) “Transit-oriented development stop” means a major transit stop, as defined by Section 21064.3 of the Public Resources Code, and also including stops on a route for which a preferred alternative has been selected or which are identified in a regional transportation improvement program, that is served by heavy rail transit, very high frequency commuter rail, high frequency commuter rail, light rail transit, or bus service within an urban transit county meeting the standards of paragraph (1) of subdivision (a) of Section 21060.2 of the Public Resources Code. When a new transit route or extension is planned that was not identified in the applicable regional transportation plan on or before January 1, 2026, those stops shall not be eligible as transit-oriented development stops unless they would be eligible as Tier 1 transit-oriented development stops. If a county becomes an urban transit county subsequent to July 1, 2026, then bus service in that county shall remain ineligible for designation of a transit-oriented development stop. (q) “Urban transit county” means a county with more than 15 passenger rail stations. (r) “Very high frequency commuter rail” means a commuter rail service with a total of at least 72 trains per day across both directions, not including temporary service changes of less than one month or unplanned disruptions, at any point in the past three years. (Added by Stats. 2025, Ch. 512, Sec. 1. (SB 79) Effective January 1, 2026.)
65912.157.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. )
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This section lets qualifying transit-oriented housing projects proceed on eligible sites, but they must meet specified size, density, affordability, and other standards.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. ) ## 65912.157. (a) A housing development project shall be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development within one-half or one-quarter mile of a transit-oriented development stop, if the development complies with the applicable of all of the following requirements: (1) A transit-oriented housing development project allowed under this chapter shall include at least five dwelling units and meet the greater of the following: (A) A minimum density of at least 30 dwelling units per acre. (B) The minimum density required under local zoning, if applicable. (2) The average total area of floor space for the proposed units in the transit-oriented housing development project shall not exceed 1,750 net habitable square feet. (3) For a transit-oriented housing development project within one-quarter mile of a Tier 1 transit-oriented development stop, all of the following apply: (A) A local government shall not impose any height limit less than 75 feet. (B) A local government shall not impose any maximum density of less than 120 dwelling units per acre. (C) A local government shall not enforce any other local development standard or combination of standards that would physically preclude achieving a residential floor area ratio of up to 3.5. (D) A development that achieves a minimum density of 90 dwelling units per acre and that otherwise meets the eligibility requirements of Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concessions pursuant to Section 65915, as specified in subdivision (d). (4) For a transit-oriented housing development project further than one-quarter mile but within one-half mile of a Tier 1 transit-oriented development stop, and within a city with a population of at least 35,000, all of the following apply: (A) A local government shall not impose any height limit less than 65 feet. (B) A local government shall not impose any maximum density standard of less than 100 dwelling units per acre. (C) A local government shall not enforce any other local development standard or combination of standards that would physically preclude achieving a residential floor area ratio of up to 3. (D) A development that achieves a minimum density of 75 dwelling units per acre and that otherwise meets the eligibility requirements of Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concessions pursuant to Section 65915, as specified in subdivision (d). (5) For a transit-oriented housing development project within one-quarter mile of a Tier 2 transit-oriented development stop, all of the following apply: (A) A local government shall not impose any height limit less than 65 feet. (B) A local government shall not impose any maximum density standard of less than 100 dwelling units per acre. (C) A local government shall not enforce any other local development standard or combination of standards that would physically preclude achieving a residential floor area ratio of up to 3. (D) A development that achieves a minimum density of 75 dwelling units per acre and that otherwise meets the eligibility requirements of Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concessions pursuant to Section 65915, as specified in subdivision (d). (6) For a transit-oriented housing development project further than one-quarter mile but within one-half mile of a Tier 2 transit-oriented development stop, and within a city with a population of at least 35,000, all of the following apply: (A) A local government shall not impose any height limit less than 55 feet. (B) A local government shall not impose any maximum density standard of less than 80 dwelling units per acre. (C) A local government shall not enforce any other local development standard or combination of standards that would physically preclude achieving a residential floor area ratio of up to 2.5. (D) A development that achieves a minimum density of 60 dwelling units per acre and that otherwise meets the eligibility requirements of Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concession pursuant to Section 65915, as specified in subdivision (d). (b) For purposes of this chapter, the distance of a transit-oriented housing development project from a transit-oriented development stop shall be measured in a straight line from the nearest edge of the parcel containing the proposed project to a pedestrian access point for the transit-oriented development stop. (c) A local government may still enact and enforce standards, including an inclusionary zoning requirement that do not, alone or in concert, prevent achieving the applicable development standards of subdivision (a). A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary zoning requirements, that applies to a project solely or partially on the basis that the project is seeking approval as a transit-oriented housing development, except as necessary for the requirements of this chapter. (d) A transit-oriented housing development project under this section shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915 or a local density bonus program, using the density allowed under this section as the base density. If a development proposes a height under this section in excess of the local height limit, then a local government shall not be required to grant a waiver, incentive, or concession pursuant to Section 65915 for additional height beyond that specified in this section, except as provided in subparagraph (D) of paragraph (2) of subdivision (d) of Section 65915. A development shall be eligible for the following additional concessions, if it meets the applicable density threshold specified for its location: (1) For a development providing housing for extremely low income households, three additional concessions. (2) For a development providing housing for very low income households, two additional concessions. (3) For a development providing housing for low-income households, one additional concession. (e) Notwithstanding any other law, a transit-oriented housing development project that meets any of the eligibility criteria under subdivision (a) and is immediately adjacent to a transit-oriented development stop shall be eligible for an adjacency intensifier to increase the height limit by an additional 20 feet, the maximum density standard by an additional 40 dwelling units per acre, and the residential floor area ratio by 1 prior to the application of Section 65915. (f) A development proposed pursuant to this section shall comply with Section 66300.6, including any local requirements or processes implementing the provisions of Section 66300.6. This subdivision shall apply to any city or county. (g) A development proposed pursuant to this section shall comply with any applicable local demolition and antidisplacement standards established through a local ordinance. (h) A development proposed pursuant to this section shall not be located on either of the following: (1) A site containing more than two units where the development would require the demolition of housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power that has been occupied by tenants within the past seven years. (2) A site that was previously used for more than two units of housing that were demolished within seven years before the development proponent submits an application under this section and any of the units were subject to any form of rent or price control through a public entity’s valid exercise of its police power. (i) A development proposed pursuant to this section shall include housing for lower income households by complying with one of the following requirements: (1) (A) Any of the following: (i) At least 7 percent of the total units, as defined in subparagraph (A) of paragraph (9) of subdivision (o) of Section 65915, are dedicated to extremely low income households, as defined in Section 50106 of the Health and Safety Code. (ii) At least 10 percent of the total units, as defined in subparagraph (A) of paragraph (9) of subdivision (o) of Section 65915, are dedicated to very low income households, as defined in Section 50105 of the Health and Safety Code. (iii) At least 13 percent of the total units, as defined in subparagraph (A) of paragraph (9) of subdivision (o) of Section 65915, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code. (B) This paragraph shall not apply to any development of 10 units or less. (C) All units dedicated to extremely low income, very low income, and low-income households pursuant to subparagraph (A) shall meet both of the following: (i) The units shall have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code. (ii) The development proponent shall agree to, and the local agency shall ensure, the continued affordability of all affordable rental units included pursuant to this section for 55 years and all affordable ownership units included pursuant to this section for a period of 45 years. (2) If a local inclusionary housing requirement mandates a higher percentage of affordable units or a deeper level of affordability than that described in paragraph (1), then the local inclusionary housing requirement mandate shall apply in place of the requirements in paragraph (1). (j) A development proposed pursuant to this chapter shall be consistent with the height, noise, and safety standards of an adopted airport land use compatibility plan or Department of Defense Air Installation Compatible Use Zones developed pursuant to Section 21675 of the Public Utilities Code, and of otherwise applicable objective fire safety standards established pursuant to the California Building Code, the California Fire Code, the California, Wildland-Urban Interface Code, the Health and Safety Code, the Public Resources Code, or Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of this code. (k) Any transit-oriented housing development pursuant to this section shall meet the labor standards of subparagraphs (A), (B), (C), (D), (F), and (G) of paragraph (8) of subdivision (a) of Section 65913.4 for any building over 85 feet in height, which shall be applicable to the building. (l) For purposes of subdivision (j) of Section 65589.5, a proposed housing development project that is consistent with the applicable standards from this chapter, as well as applicable local objective general plan and zoning standards that do not alone or in concert prevent achieving those standards, and as modified by any incentive, concession, or waiver under Section 65915, shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. This subdivision shall not require a ministerial approval process or modify the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. (m) Beginning on January 1, 2027, a local government that denies a housing development project meeting the requirements of this section that is located in a high-resource area shall be presumed to be in violation of the Housing Accountability Act (Section 65589.5) and immediately liable for penalties pursuant to subparagraph (B) of paragraph (1) of subdivision (k) of Section 65589.5, unless the local government demonstrates, pursuant to the standards in subdivisions (j) and (o) of Section 65589.5, that it has a health, life, or safety reason for denying the project. (n) This section shall not apply to a local agency until July 1, 2026, unless the local agency adopts an ordinance or local transit-oriented development alternative plan deemed compliant by the department before July 1, 2026. It shall not apply within an unincorporated area of a county until the 7th regional housing needs allocation cycle. (Added by Stats. 2025, Ch. 512, Sec. 1. (SB 79) Effective January 1, 2026.)
65912.158.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. )
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This section defines an agency transit-oriented development project and lets a transit agency board adopt zoning standards for district-owned property, but only within specific limits and notice requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. ) ## 65912.158. (a) For the purposes of this section, “agency transit-oriented development project” means a housing development project or mixed use residential project that meets all of the following requirements: (1) A minimum of 50 percent of the total square footage of the project is dedicated to residential purposes. (2) A minimum of 20 percent of the total number of units shall be restricted for the affordable lower income households and shall be subject to a recorded affordability restriction for at least 55 years in the case of rental units and 45 years in the case of owner occupied units, unless a local ordinance or the terms of federal, state, or local tax credit, or other project financing requires a longer period of affordability. (3) The average total floor area of floor space for the proposed units in the housing development project shall not exceed 1,750 net habitable square feet. (4) The parcel or parcels on which the project is located is an infill site, as defined in Section 21061.3 of the Public Resources Code. (5) The transit-oriented development parcels on which the transit-oriented development project would be located was not acquired through eminent domain on or after July 1, 2025. (6) The parcels on which the transit-oriented development project would be located are owned by the agency and either: (A) The parcels are adjacent to a transit-oriented development stop for which the agency operates service, or form a contiguous area adjacent to such a transit-oriented development stop. (B) At least 75 percent of the project area is located within one-half mile of a transit-oriented development stop for which the agency operates service or plans to provide service and was owned by the agency on or before January 1, 2026. (b) (1) A transit agency’s board of directors may adopt by resolution agency transit-oriented development zoning standards for district-owned real property located in a transit-oriented development zone. These standards shall establish minimum local zoning requirements for height, density, residential floor area ratio, and allowed uses, that shall apply to an agency transit-oriented development project, that shall be consistent with Section 65912.157. (2) Adopted agency transit-oriented development zoning standards shall establish, for each transit station, the lowest permissible maximum standard for height, density, and residential floor area ratio, and a list of approved residential, retail, and commercial uses. (3) The agency transit-oriented development zoning standards adopted by the board of directors shall not adopt a lowest permissible maximum standard for density or residential floor area ratio below the level permitted under Section 65912.157, and shall not prohibit residential use. (4) The agency transit-oriented development zoning standards shall not establish density standards that exceed 200 percent of the maximum density established in Section 65912.157. (c) The adoption of, and amendments to, the agency transit-oriented development zoning standards shall comply with all of the following: (1) The transit agency shall hold a public hearing to receive public comment on the proposed agency transit-oriented development zoning standards or proposed changes to the agency transit-oriented development zoning standards. The transit agency shall conduct direct outreach to relevant local governments and to communities of concern around each station. Before or during the scoping meeting, the transit agency shall consult with each local government in which the station is located, as well as any relevant infrastructure agencies. The consultation required pursuant to this section shall include all of the following: (A) A review of the housing needs of the jurisdiction. (B) A review of the transit-oriented development approved and built in the past year in the jurisdiction. (C) A review of any transit-oriented development projects proposed by the transit agency in the jurisdiction for the past year. (D) A discussion of any obstacles to development of any project proposed by the transit agency. (2) Not less than 30 days before a public hearing of the board to consider the agency transit-oriented development zoning standards, the transit agency shall provide public notice and make the draft standards available to the public. (3) The board shall adopt or reject any proposed agency transit-oriented development zoning standards at a publicly noticed meeting of the board not less than 30 days following the original public hearing. (d) Objective standards adopted pursuant to paragraph (b) shall not preempt or otherwise displace local discretionary standards that apply to hotel, motel, bed and breakfast, or other transient lodging use, including short-term lodging, as defined in Section 17568.8 of the Business and Professions Code. For the purposes of this subdivision, the term “other transient lodging” does not include a residential hotel, as defined in Section 50519 of the Health and Safety Code. (e) Where local zoning is inconsistent with the agency transit-oriented development zoning standards for a station, the local jurisdiction may adopt a local zoning ordinance that conforms to the transit-oriented development zoning standards. (f) (1) A local government shall not be required to approve any height limit in excess of the standard for development adjacent to the transit-oriented development stop under Section 65912.157. (2) The transit agency shall make a finding as to whether the local zoning ordinance conforms to the agency transit-oriented development zoning standards. Local zoning shall remain in place unless the transit agency determines that it does not conform to the agency transit-oriented development zoning standards. If, according to the transit agency’s finding, the local zoning ordinance does not conform to the agency transit-oriented development zoning standards after two years of the date that the agency transit-oriented development zoning standards are adopted by the board for that station, the agency transit-oriented development zoning standards shall become the local zoning for any district-owned parcels that are eligible under this section, except for any height limit in excess of the standard for development adjacent to the transit-oriented development stop under Section 65912.157. For each station, a local jurisdiction may update zoning for transit agency-owned land to comply with agency transit-oriented development zoning standards until the time that the transit agency enters into an exclusive negotiating agreement with a developer for an agency transit-oriented development project. (g) (1) The transit agency’s approval of agency transit-oriented development zoning standards shall be subject to review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). The district shall serve as the lead agency for California Environmental Quality Act review for transit-oriented development zoning standards. (2) Any subsequent California Environmental Quality Act review of rezoning to conform with agency transit-oriented development zoning standards, and of eligible transit-oriented development projects proposed and on district-owned land, shall incorporate the environmental review document certified for the transit-oriented development zoning standards consistent with Section 21094 of the Public Resources Code. A public agency shall not prepare an environmental impact report or mitigated negative declaration for rezoning pursuant to paragraph (2) of subdivision (f) to implement agency transit-oriented development zoning standards or for a transit-oriented development project subsequent to the transit agency’s certification of an environmental review document for approval of agency transit-oriented development zoning standards unless the public agency finds, based on substantial evidence, that the rezoning or transit-oriented development project creates a significant effect on the environment that was not analyzed in the prior environmental review document, and mitigated or avoided. (h) A local agency may adopt objective, written development standards, conditions, and policies that apply to development on district-owned property, provided that they demonstrate their consistency with the agency transit-oriented development zoning standards. In the event that the agency transit-oriented development zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the agency transit-oriented development zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard. (i) Zoning in effect as a result of this section shall be considered the same as locally approved zoning for all purposes, including the Density Bonus Law and the Housing Accountability Act. (j) Any agency transit-oriented development project shall comply with the antidisplacement requirements of Section 66300.6. (k) A local government shall not be required to approve any height limit under this section greater than the height limit specified in this chapter for development adjacent to the relevant tier of a transit-oriented development stop. A transit agency shall not set a maximum height, density, or residential floor area ratio below that which would be allowed for the site under this chapter. (l) If nonresidential development is included in an agency transit-oriented development project, at least 25 percent of the total planned units affordable to lower income households shall be made available for lease or sale and permitted for use and occupancy before or at the same time with every 25 percent of nonresidential development made available for lease or sale and permitted for use and occupancy. (m) The development applicant for an agency transit-oriented development project proposed pursuant to this section shall certify that the labor standards in paragraphs (8) and (9) of subdivision (a) of Section 65913.4 will be met in project construction, and those standards shall apply if the project is approved by the public agency. Notwithstanding the preceding sentence, this subdivision shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement with the transit agency that was entered into before July 1, 2026, that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for the enforcement of that obligation through an arbitration procedure. For the purposes of this subdivision, “project labor agreement,” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (Added by Stats. 2025, Ch. 512, Sec. 1. (SB 79) Effective January 1, 2026.)
65912.159.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. )
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Certain housing development projects under Section 65912.157 can get streamlined ministerial approval if they meet Section 65913.4 requirements, with specific affordability rules and a fire-hazard-zone restriction.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. ) ## 65912.159. (a) A housing development project proposed pursuant to Section 65912.157 shall be eligible for streamlined ministerial approval pursuant to Section 65913.4 in accordance with all of the following: (1) The proposed project shall be exempt from subparagraph (A) of paragraph (4) of, and paragraph (5) of, subdivision (a) of Section 65913.4. (2) The proposed project shall comply with the affordability requirements in subclauses (I) to (III), inclusive, of clause (i) of subparagraph (B) of paragraph (4) of subdivision (a) of Section 65913.4. (3) The proposed project shall comply with all other requirements of Section 65913.4, including, but not limited to, the prohibition against a site that is within a very high fire hazard severity zone, pursuant to subparagraph (D) of paragraph (6) of subdivision (a) of Section 65913.4. (b) Any housing development proposed pursuant to Section 65912.157 not seeking streamlined approval under Section 65913.4 shall be reviewed according to the jurisdiction’s development review process and Section 65589.5, except that any local zoning standard conflicting with the requirements of this chapter shall not apply. (Added by Stats. 2025, Ch. 512, Sec. 1. (SB 79) Effective January 1, 2026.)
65912.160.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. )
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The department oversees compliance with this chapter, and local governments may adopt zoning ordinances to align with it, but those ordinances are subject to department review.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. ) ## 65912.160. (a) The department shall oversee compliance with this chapter. (b) The department shall promulgate standards on how to allow for capacity pursuant to this chapter to be counted in a city or county’s inventory of land suitable for residential development pursuant to Section 65583.2, no later than July 1, 2026. (c) (1) A local government may enact an ordinance to make its zoning code consistent with the provisions of this chapter, subject to review by the department pursuant to subdivision (d). This ordinance may include objective development standards, conditions, and policies, applying to transit-oriented housing developments, that are demonstrated by a preponderance of evidence to not physically preclude, alone or in concert, the applicable housing development standards of Section 65912.157. (2) The ordinance described in paragraph (1) shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (d) If a local government adopts an ordinance to come into compliance with this section, the following provisions shall apply: (1) (A) At least 14 days prior to adoption of an ordinance pursuant to this section, the local government shall submit a draft ordinance to the department. (B) The department may review the draft and report its written findings to the planning agency. (2) A local government shall submit a copy of any ordinance enacted pursuant to this section to the department within 60 days of enactment. (3) (A) The department shall, within 90 days, review the enacted ordinance, make a finding as to whether the enacted ordinance is in substantial compliance with this section, and report that finding to the local government. (B) If needed, the department may request an additional 30 days to make a finding as to whether the enacted ordinance is in substantial compliance with this section, and report that finding to the local government. (C) If the department does not provide written findings to the local government within the review period provided for in this paragraph, the ordinance shall be deemed compliant for the purposes of assessing penalties, including those pursuant to subdivision (m) of Section 65912.157. (4) If at any time the department determines that the ordinance does not comply with this section, the department shall notify the local government in writing. The department shall provide the local government a reasonable time, not to exceed 60 days, to respond before taking further action as authorized by this section. (5) The local government shall consider any findings made by the department pursuant to paragraph (4) and shall do one of the following: (A) Amend the ordinance to comply with this section. (B) Enact the ordinance without changes. The local government shall include findings in its resolution adopting the ordinance that explain the reasons the local government believes that the ordinance complies with this section despite the findings of the department. (6) If the local government does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local government and may notify the Attorney General that the local government is in violation of this section. (e) The ordinance may designate areas within one-half mile of a transit-oriented development stop as exempt from the provisions of this chapter if: (1) The local government makes findings supported by substantial evidence that there exists no walking path of less than one mile from that location to the transit-oriented development stop. (2) A local government with at least 15 transit-oriented development stops designates the area as an industrial employment hub. An industrial employment hub shall be a contiguous area of at least 250 acres designated in the jurisdiction’s general plan on or before January 1, 2025, as an employment lands area; the parcels within it shall be primarily dedicated to industrial use as defined in paragraph (3) of subdivision (f) of Section 65912.121; and housing shall not be a permitted use on any of the sites so excluded. (f) Each metropolitan planning organization shall create a map of transit-oriented development stops and zones within its region by tier, as designated under this chapter, in accordance with the department’s guidance pursuant to subdivision (b). This map shall have a rebuttable presumption of validity for use by project applicants and local governments. (Added by Stats. 2025, Ch. 512, Sec. 1. (SB 79) Effective January 1, 2026.)
65912.161.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. )
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This section sets rules for a local transit-oriented development alternative plan, including minimum capacity, density limits, and public map disclosure.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. ) ## 65912.161. (a) For purposes of this section, “transit-oriented development alternative plan” shall mean a plan adopted by the local agency via the adoption of the housing element, a program to implement the housing element, the adoption of a specific plan, a zoning overlay, or enactment of an ordinance; that brings the local agency into compliance with this chapter and that incorporates all of the following: (1) A local transit-oriented development alternative plan shall maintain at least the same total net zoned capacity, in terms of both total units and residential floor area, as provided for in this chapter across all transit-oriented development zones within the jurisdiction. (A) Net zoned capacity in units shall be measured by subtracting the current number of units on the site from the number allowed by the applicable development standards. (B) Net zoned capacity in floor area shall be measured by subtracting the current developed floor area of the site from the amount allowed by the applicable development standards. (2) The plan shall not reduce the maximum allowed density for any individual site on which the plan allows residential use by more than 50 percent below that permitted under this chapter, except for sites meeting any of the following criteria: (A) Sites within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code. (B) Sites that are vulnerable to one foot of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment. (C) Sites with a historic resource designated on a local register, so long as sites excluded from the density requirements of this paragraph on that basis do not cumulatively exceed 10 percent of the eligible area of any transit-oriented development zone. (D) Sites within one-half mile of a Tier 2 transit-oriented development stop shall not have a density below 30 units per acre with a residential floor area ratio of 1.0, except for sites specified in subparagraphs (A) to (C), and should be considered for attached entry level owner occupied housing development opportunities. (3) The plan shall not reduce the capacity in any transit-oriented development zone in total units or residential floor area by more than 50 percent. (4) A site’s maximum capacity counted toward the plan shall not exceed 200 percent of the maximum density established under this chapter. Any site excluded from the minimum density requirements of subparagraphs (A) to (C) of paragraph (2) shall not be counted toward the plan’s capacity. For purposes of this section, calculations regarding capacity, density, and floor area shall include capacity, density, or floor area available under voluntary local housing incentive programs. (5) A local transit-oriented development alternative plan may consist of an existing local transit-oriented zoning ordinance, overlay zone, specific plan, or zoning incentive ordinance, provided that it meets the requirements of this subdivision. (b) (1) Prior to one year following the adoption of the seventh revision of the housing element, Section 65912.157 shall not apply to any of the following for which the local government has adopted an ordinance in accordance with Section 65912.160 indicating the site’s exclusion: (A) A site that has been identified by the local jurisdiction which permits density and residential floor area ratio at no less than 50 percent of the standards specified under subdivision (a) of Section 65912.157. (B) (i) A site in a transit-oriented development zone in which at least 33 percent of sites in the relevant transit-oriented development zone have permitted density and residential floor area ratio no less than 50 percent of the standards specified under subdivision (a) of Section 65912.157 and which includes sites with densities that cumulatively allow for at least 75 percent of the aggregate density for the transit-oriented development zone specified under subdivision (a) of Section 65912.157. (ii) A site in a transit-oriented development zone around a transit-oriented development stop that is primarily comprised of a low-resource area which includes sites with densities that cumulatively allow for at least 40 percent of the aggregate density for the transit-oriented development zone specified under subdivision (a) of Section 65912.157. (iii) A site in an area designated as low resource on the most recently adopted version of the opportunity area maps published by the California Tax Credit Allocation Committee and the department, and within a jurisdiction that cumulatively allows for at least 50 percent of the total capacity for units and floor area as specified under Section 65912.157 across all transit-oriented development zones. (C) A site that is covered by a local transit-oriented development alternative plan adopted by a local government. (D) Sites within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code. (E) Sites that are vulnerable to one foot of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment. (F) Sites with a historic resource designated as of January 1, 2025, on a local register. (2) A local government that has adopted an ordinance pursuant to this subdivision shall indicate on its public zoning map which sites or transit-oriented development zones are and are not covered by Section 65912.157. (c) (1) For the seventh and subsequent revisions of the housing element, a local government may include a local transit-oriented development alternative plan in any of the following ways: (A) (i) Include a local transit-oriented alternative plan in its housing element. When a local government includes a transit-oriented development alternative plan in its housing element the plan shall include an analysis of how the plan maintains at least an equal feasible developable housing capacity as the baseline established by this chapter. (ii) If a local government adopts a housing element that the department has determined to be compliant with this section, then any action to enforce or implement a compliant housing element shall be subject to applicable provisions of housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3). (iii) The initial submission of a transit-oriented development alternative plan shall be included in the local government’s first draft submittal referenced in subparagraph (C) of paragraph (1) of subdivision (b) of Section 65585. (iv) Sites identified in a local transit-oriented development alternative plan may be included in the inventory of land suitable for residential development, pursuant to the additional requirements of Section 65583. (B) If a local government does not include the local transit-oriented alternative plan in its housing element, the local government may adopt an alternative plan that has been deemed compliant by the department pursuant to Section 65912.160. (d) Section 65912.157 shall not apply within a jurisdiction that has a local transit-oriented alternative plan that has been approved by the department as satisfying the requirements of this section in effect. The department’s approval pursuant to this section shall be valid through the jurisdiction’s next amendment to the housing element of its general plan. (e) A local transit-oriented development alternative plan may consist of an existing local transit-oriented zoning ordinance, overlay zone, specific plan, zoning incentive ordinance or existing program, provided that it meets the requirements of this section. (Added by Stats. 2025, Ch. 512, Sec. 1. (SB 79) Effective January 1, 2026.)
65912.162.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. )
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The Legislature says this chapter applies to all cities, including charter cities.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.1.5. Transit-Oriented Development [65912.155 - 65912.162] ( Chapter 4.1.5 added by Stats. 2025, Ch. 512, Sec. 1. ) ## 65912.162. The Legislature finds and declares that the state faces a housing crisis of availability and affordability, in large part due to a severe shortage of housing, and solving the housing crisis therefore requires a multifaceted, statewide approach, including, but not limited to, encouraging an increase in the overall supply of housing, encouraging the development of housing that is affordable to households at all income levels, removing barriers to housing production, expanding homeownership opportunities, and expanding the availability of rental housing, and is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities. (Added by Stats. 2025, Ch. 512, Sec. 1. (SB 79) Effective January 1, 2026.)
65913.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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The Legislature states that California has a severe shortage of affordable housing and that law changes are needed to speed housing development and support local zoning for enough affordable housing.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913. (a) The Legislature finds and declares that there exists a severe shortage of affordable housing, especially for persons and families of low and moderate income, and that there is an immediate need to encourage the development of new housing, not only through the provision of financial assistance, but also through changes in law designed to do all of the following: (1) Expedite the local and state residential development process. (2) Assure that local governments zone sufficient land at densities high enough for production of affordable housing. (3) Assure that local governments make a diligent effort through the administration of land use and development controls and the provision of regulatory concessions and incentives to significantly reduce housing development costs and thereby facilitate the development of affordable housing, including housing for elderly persons and families, as defined by Section 50067 of the Health and Safety Code. These changes in the law are consistent with the responsibility of local government to adopt the program required by subdivision (c) of Section 65583. (b) The Legislature further finds and declares that the costs of new housing developments have been increased, in part, by the existing permit process and by existing land use regulations and that vitally needed housing developments have been halted or rendered infeasible despite the benefits to the public health, safety, and welfare of those developments and despite the absence of adverse environmental impacts. It is, therefore, necessary to enact this chapter and to amend existing statutes which govern housing development so as to provide greater encouragement for local and state governments to approve needed and sound housing developments. (Amended by Stats. 1985, Ch. 1117, Sec. 1.)
65913.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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Cities, counties, and city and counties must designate and zone enough vacant land for residential use with appropriate standards when zoning land uses and revising their housing elements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.1. (a) In exercising its authority to zone for land uses and in revising its housing element pursuant to Article 10.6 (commencing with Section 65580) of Chapter 3, a city, county, or city and county shall designate and zone sufficient vacant land for residential use with appropriate standards, in relation to zoning for nonresidential use, and in relation to growth projections of the general plan to meet housing needs for all income categories as identified in the housing element of the general plan. For the purposes of this section: (1) “Appropriate standards” means densities and requirements with respect to minimum floor areas, building setbacks, rear and side yards, parking, the percentage of a lot that may be occupied by a structure, amenities, and other requirements imposed on residential lots pursuant to the zoning authority which contribute significantly to the economic feasibility of producing housing at the lowest possible cost given economic and environmental factors, the public health and safety, and the need to facilitate the development of housing affordable to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and to persons and families of lower income, as defined in Section 50079.5 of the Health and Safety Code. However, nothing in this section shall be construed to enlarge or diminish the authority of a city, county, or city and county to require a developer to construct this housing. (2) “Vacant land” does not include agricultural preserves pursuant to Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5. (b) Nothing in this section shall be construed to require a city, county, or city and county in which less than 5 percent of the total land area is undeveloped to zone a site within an urbanized area of that city, county, or city and county for residential uses at densities that exceed those on adjoining residential parcels by 100 percent. For the purposes of this section, “urbanized area” means a central city or cities and surrounding closely settled territory, as defined by the United States Department of Commerce Bureau of the Census in the Federal Register, Volume 39, Number 85, for Wednesday, May 1, 1974, at pages 15202-15203, and as periodically updated. (Amended by Stats. 2001, Ch. 939, Sec. 2. Effective January 1, 2002.)
65913.10.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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A city or county must decide whether a proposed housing development site is a historic site when the application is deemed complete, and that determination stays valid during the project unless certain cultural or archaeological resources are found during site work.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.10. (a) For purposes of any state or local law, ordinance, or regulation that requires the city or county to determine whether the site of a proposed housing development project is a historic site, the city or county shall make that determination at the time the application for the housing development project is deemed complete. A determination as to whether a parcel of property is a historic site shall remain valid during the pendency of the housing development project for which the application was made unless any archaeological, paleontological, or tribal cultural resources are encountered during any grading, site disturbance, or building alteration activities. (b) For purposes of this section: (1) “Deemed complete” means that the application has met all of the requirements specified in the relevant list compiled pursuant to Section 65940 that was available at the time when the application was submitted. (2) “Housing development project” has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5. (c) (1) Nothing in this section supersedes, limits, or otherwise modifies the requirements of, or the standards of review pursuant to, Division 13 (commencing with Section 21000) of the Public Resources Code. (2) Nothing in this section supersedes, limits, or otherwise modifies the requirements of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). (Amended by Stats. 2025, Ch. 22, Sec. 13. (AB 130) Effective June 30, 2025.)
65913.11.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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This section limits what a local agency may require or deny for certain qualifying housing development projects, including minimum floor area ratio, lot size, and lot coverage rules.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.11. (a) With respect to a housing development project that meets the requirements of subdivision (b), a local agency shall not do any of the following: (1) For a housing development project consisting of three to seven units, impose a floor area ratio standard that is less than 1.0. (2) For a housing development project consisting of 8 to 10 units, impose a floor area ratio standard that is less than 1.25. (3) Deny a housing development project proposed to be developed on an existing legal parcel solely on the basis that the lot area of that existing parcel does not meet the local agency’s requirements for minimum lot size. (b) To be eligible for the provisions in subdivision (a), a housing development project shall meet all of the following conditions: (1) The project consists of at least 3, but not more than 10, units. (2) The project is located in a multifamily residential zone or a mixed-use zone, as designated by the local agency, and is not located in either of the following: (A) Within a single-family zone. (B) Within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (3) The project is located on a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (c) (1) This section shall not be construed to prohibit a local agency from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on a housing development project that meets the requirements of subdivision (b), other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards in subdivision (a). (2) Notwithstanding paragraph (1), a local agency may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements established in subdivision (b) from achieving the floor area ratio allowed in subdivision (a). (d) As used in this section: (1) “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5. (2) “Local agency” means a county, city, or city and county, including a charter city, or city and county. (3) “Unit” means a unit of housing, but shall not include an accessory dwelling unit or a junior accessory dwelling unit. (Amended by Stats. 2022, Ch. 427, Sec. 15. (SB 1489) Effective January 1, 2023.)
65913.12.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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This section sets standards for certain housing development projects and limits when a local agency may deny or condition them.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.12. (a) For purposes of this section, the following terms have the following meanings: (1) “Dedicated to industrial use” means any of the following: (A) The square footage is currently being used as an industrial use. (B) The most recently permitted use of the square footage is an industrial use. (C) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022. (2) “Development proponent” means a developer who submits a housing development project application to a local agency pursuant to this section. (3) “Extremely affordable adaptive reuse project” means a housing development project that meets the following criteria: (A) The development is a multifamily housing development project. (B) The development involves the retrofitting and repurposing of a residential building or commercial building that currently allows temporary dwelling or occupancy, to create new residential units. (C) The development will be entirely within the envelope of the existing building. (D) The development meets all of the following affordability criteria: (i) One hundred percent of the units within the development project, excluding managers’ units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (ii) At least 50 percent of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (iii) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units. (4) “Housing development project” has the same meaning as defined in Section 65589.5. (5) “Industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. “Industrial use” does not include power substations or utility conveyances such as power lines, broadband wires, and pipes. (6) “Infill parcel” means a parcel that is either of the following: (A) At least 75 percent of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For purposes of this paragraph, parcels that are separated by a street or highway shall be considered adjoined. (B) The parcel is within one-half mile of public transit. (7) “Local agency” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (8) “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. (9) “Public transit” means a major transit stop as defined in Section 21064.3 of the Public Resources Code. (10) “Very low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code. (b) (1) Notwithstanding any inconsistent provision of a local agency’s general plan, specific plan, zoning ordinance, or regulation, a housing development project submitted pursuant to this section shall be an allowable use if it meets the following objective planning standards: (A) The development is an extremely affordable adaptive reuse project. (B) The development is proposed to be located on a site that is an infill parcel. (C) The development is not proposed to be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. For purposes of this paragraph, parcels only separated by a street or highway shall be considered adjoined. (D) The development does not eliminate any existing open space on the parcel. (E) For developments of 50 units or more, the development shall provide onsite management services. (2) Except as specified in paragraph (3), a local agency may impose objective design review standards for a housing development project submitted pursuant to this section. (3) A local agency shall not impose or require the curing of any preexisting deficit of or conflict with any of the following standards on a project submitted for review pursuant to this section: (A) Any maximum density requirements. (B) Any maximum floor area ratio requirements. (C) Any requirement to add additional parking. (D) Any requirement to add additional open space. (4) A local agency may deny a project specified in paragraph (1) that is proposed to be located on a site or adjoined to any site where any of the square footage on the site is dedicated to industrial use if the local agency makes written findings that approving the development would have an adverse effect on public health and safety. (c) (1) For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. (2) If a local agency determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in or an objective design review standard imposed pursuant to subdivision (b), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes: (A) Within 60 days of submittal of the completed proposal for the development project to the local agency if the development contains 150 or fewer housing units. (B) Within 90 days of submittal of the completed proposal for the development project to the local agency if the development contains more than 150 housing units. (3) If a local agency does not make a timely determination within the timeframes described in paragraph (2), the application shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. (Added by Stats. 2023, Ch. 764, Sec. 1. (AB 1490) Effective January 1, 2024.)
65913.16.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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This section lets qualifying housing projects on certain religious or higher-education lands be treated as use by right if listed conditions are met, while imposing detailed affordability, labor, parking, review, and site-location requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.16. (a) This section shall be known, and may be cited, as the Affordable Housing on Faith and Higher Education Lands Act of 2023. (b) For purposes of this section: (1) “Applicant” means a qualified developer who submits an application for streamlined approval pursuant to this section. (2) “Development proponent” means a developer that submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this chapter. (3) “Health care expenditures” include contributions pursuant to Section 501(c) or (d) or 401(a) of the Internal Revenue Code and payments toward “medical care” as defined in Section 213(d)(1) of the Internal Revenue Code. (4) “Heavy industrial use” means a use that is a source, other than a Title V source, as defined by Section 39053.5 of the Health and Safety Code, that is subject to permitting by a district, as defined in Section 39025 of the Health and Safety Code, pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). A use where the only source permitted by a district is an emergency backup generator, and the source is in compliance with permitted emissions and operating limits, is not a heavy industrial use. (5) “Housing development project” has the same meaning as defined in Section 65589.5. (6) “Independent institution of higher education” has the same meaning as defined in Section 66010 of the Education Code. (7) “Light industrial use” means an industrial use that is not subject to permitting by a district, as defined in Section 39025 of the Health and Safety Code. (8) “Local government” means a city, including a charter city, county, including a charter county, or city and county, including a charter city and county. (9) “Qualified developer” means any of the following: (A) A local public entity, as defined in Section 50079 of the Health and Safety Code. (B) (i) A developer that is a nonprofit corporation, a limited partnership in which a managing general partner is a nonprofit corporation, or a limited liability company in which a managing member is a nonprofit corporation. (ii) The developer, at the time of submission of an application for development pursuant to this section, owns property or manages housing units located on property that is exempt from taxation pursuant to the welfare exemption established in subdivision (a) of Section 214 of the Revenue and Taxation Code. (C) A developer that contracts with a nonprofit corporation that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families with financing in the form of zero interest rate loans. (D) A developer that the religious institution or independent institution of education, as defined in this section, has contracted with before to construct housing or other improvements to real property. (10) “Religious institution” means an institution owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization composed of multidenominational members of the same well-recognized religion, lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110), or as a corporation sole pursuant to Part 6 (commencing with Section 10000), of Division 2 of Title 1 of the Corporations Code. (11) “Title V industrial use” means a use that is a Title V source, as defined in Section 39053.5 of the Health and Safety Code. (12) “Use by right” means a development project that satisfies both of the following conditions: (A) The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review. (B) The development project is not a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (c) Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, upon the request of an applicant, a housing development project shall be a use by right, if all of the following criteria are satisfied: (1) The development is located on land owned on or before January 1, 2024, by an independent institution of higher education or a religious institution, including ownership through an affiliated or associated nonprofit public benefit corporation organized pursuant to the Nonprofit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). (2) The development is located on a parcel that satisfies the requirements specified in subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of Section 65913.4. (3) The development is located on a parcel that satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (4) The development is located on a parcel that satisfies the requirements specified in paragraph (7) of subdivision (a) of Section 65913.4. (5) (A) The development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to light industrial use. For purposes of this subdivision, parcels separated by only a street or highway shall be considered to be adjoined. (B) For purposes of subparagraph (A), a property is “dedicated to light industrial use” if all of the following requirements are met: (i) The square footage is currently being put to a light industrial use. (ii) The most recently permitted use of the square footage is a light industrial use. (iii) The latest version of the local government’s general plan, adopted before January 1, 2022, designates the property for light industrial use. (6) The housing units on the development site are not located within 1,200 feet of a site that is either of the following: (A) A site that is currently a heavy industrial use. (B) A site where the most recent permitted use was a heavy industrial use. (7) Except as provided in paragraph (8), the housing units on the development site are not located within 1,600 feet of a site that is either of the following: (A) A site that is currently a Title V industrial use. (B) A site where the most recent permitted use was a Title V industrial use. (8) For a site where multifamily housing is not an existing permitted use, the housing units on the development site are not located within 3,200 feet of a facility that actively extracts or refines oil or natural gas. (9) One hundred percent of the development project’s total units, exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the total units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code, and 5 percent of the units may be for staff of the independent institution of higher education or religious institution that owns the land. Units in the development shall be offered at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The rent or sales price for a moderate-income unit shall be affordable and shall not exceed 30 percent of income for a moderate-income household or homebuyer for a unit of similar size and bedroom count in the same ZIP Code in the city, county, or city and county in which the housing development is located. The applicant shall provide the city, county, or city and county with evidence to establish that the units meet the requirements of this paragraph. All units, exclusive of any manager unit or units, shall be subject to a recorded deed restriction as provided in this paragraph for at least the following periods of time: (A) Fifty-five years for units that are rented unless a local ordinance or the terms of a federal, state, or local grant, tax credit, or other project financing requires, as a condition of the development of residential units, that the development include a certain percentage of units that are affordable to, and occupied by, low-income, lower income, very low income, or extremely low income households for a term that exceeds 55 years for rental housing units. (B) Forty-five years for units that are owner-occupied or the first purchaser of each unit participates in an equity sharing agreement as described in subparagraph (C) of paragraph (2) of subdivision (c) of Section 65915. (10) The development project complies with all objective development standards of the city or county that are not in conflict with this section. (11) If the housing development project requires the demolition of existing residential dwelling units, or is located on a site where residential dwelling units have been demolished within the last five years, the applicant shall comply with subdivision (d) of Section 66300. (12) The applicant certifies to the local government that either of the following is true for the housing development project, as applicable: (A) The entirety of the development project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (B) A development that contains more than 10 units and is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) of, or Article 3 (commencing with Section 65912.120) of, Chapter 4.1 shall be subject to all of the following: (i) All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs provided by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (ii) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work, and shall also provide notice of all contracts for the performance of the work to the Department of Industrial Relations, in accordance with Section 1773.35 of the Labor Code, for those portions of the development that are not a public work. (iii) All contractors and subcontractors for those portions of the development that are not a public work shall comply with all of the following: (I) Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in the programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (II) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subclause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (III) Be registered in accordance with Section 1725.6 of the Labor Code. (13) (A) The development proponent completes a Phase I environmental assessment, as defined in Section 78090 of the Health and Safety Code, and a Phase II environmental assessment, as defined in subdivision (o) of Section 25403 of the Health and Safety Code, if warranted. (B) If a recognized environmental condition is found, the development proponent shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. (i) If a release of hazardous substance is found to exist on the site, the release shall be removed, or any significant effect of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements. (ii) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (14) If the development is within 500 feet of a freeway, regularly occupied areas of the building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value (MERV) of 13. (15) For a vacant site, the site does not contain tribal cultural resources, as defined in Section 21074 of the Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described in Section 21080.3.1 of the Public Resources Code, and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code. (d) (1) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this section may be enforced by any of the following: (A) The Labor Commissioner, through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, that may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development. (B) An underpaid worker through an administrative complaint or civil action. (C) A joint labor-management committee through a civil action pursuant to Section 1771.2 of the Labor Code. (2) If a civil wage and penalty assessment is issued pursuant to this section, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (3) This subdivision does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subdivision, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (e) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of a development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker. (f) The requirement of this section to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (g) In addition to the requirements of paragraph (12) of subdivision (c), and the requirements of subdivisions (d), (e), and (f), a development of 50 or more housing units approved by a local government pursuant to Article 2 (commencing with Section 65912.110) of, or Article 3 (commencing with Section 65912.120) of, Chapter 4.1 shall meet all of the following labor standards: (1) The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in paragraphs (2) and (3). A construction contractor is deemed in compliance with paragraphs (2) and (3) if it is signatory to a valid collective bargaining agreement that requires use of registered apprentices and expenditures on health care for employees and dependents. (2) A contractor with construction craft employees shall either participate in an apprenticeship program approved by the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this subdivision. (3) Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum-level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this paragraph. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in Section 65912.130. (4) (A) The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with paragraphs (2) and (3). The report shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be open to public inspection. (B) A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with paragraph (2) or (3) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of paragraph (2) or (3). (C) Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code. (5) Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code. (6) All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000 of Title 1)) and shall be open to public inspection. (7) A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to paragraph (3) in accordance with Section 218.7, 218.8, or 218.9 of the Labor Code. (h) Notwithstanding any other provision of this section, a development project that is eligible for approval as a use by right pursuant to this section may include the following ancillary uses, provided that those uses are limited to the ground floor of the development: (1) In a single-family residential zone, ancillary uses shall be limited to childcare centers, without limitation on the number of children, and facilities operated by community-based organizations for the provision of recreational, social, or educational services for use by the residents of the development and members of the local community in which the development is located. (2) In all other zones, the development may include the childcare centers and facilities described in paragraph (1), as well as any other commercial uses that are permitted without a conditional use permit or planned unit development permit. (i) Notwithstanding any other provision of this section, a development project that is eligible for approval as a use by right pursuant to this section includes any religious institutional use, or any use that was previously existing and legally permitted by the city or county on the site, if all of the following criteria are met: (1) The total square footage of nonresidential space on the site does not exceed the amount previously existing or permitted in a conditional use permit. (2) The new uses abide by the same operational conditions as contained in the previous conditional use permit. (j) A housing development project that qualifies as a use by right pursuant to subdivision (b) shall be allowed the following density, as applicable: (1) (A) If the development project is located in a zone that allows residential uses, including in single-family residential zones, the development project shall be allowed a density of the applicable density deemed appropriate to accommodate housing for lower income households identified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 and a height of one story or 11 feet above the maximum height otherwise applicable to the parcel. (B) If the local government allows for greater residential density on that parcel, or greater residential density or building heights on an adjoining parcel, than permitted in subparagraph (A), the greater density or building height shall apply, including a height of one story or 11 feet above the maximum height otherwise applicable to the parcel. (C) A housing development project that is located in a zone that allows residential uses, including in single-family residential zones, shall be eligible for a density bonus, incentives, or concessions, or waivers or reductions of development standards and parking ratios, pursuant to Section 65915. (2) (A) If the development project is located in a zone that does not allow residential uses, the development project shall be allowed a density of 40 units per acre and a height of one story or 11 feet above the maximum height otherwise applicable to the parcel. (B) If the local government allows for greater residential density or building heights on that parcel, or an adjoining parcel, than permitted in subparagraph (A), the greater density or building height shall apply, including a height of one story or 11 feet above the maximum height otherwise applicable to the parcel. A development project shall not use an incentive, waiver, or concession to increase the height of the development to greater than the height authorized under this subparagraph. (C) Except as provided in subparagraph (B), a housing development project that is located in a zone that does not allow residential uses shall be eligible for a density bonus, incentives, or concessions, or waivers or reductions of development standards and parking ratios, pursuant to Section 65915. (k) (1) Except as provided in paragraph (2), the proposed development, including any religious institutional use or any use that was previously existing and legally permitted by the city or county on the site pursuant to subdivision (j), shall provide off-street parking of up to one space per unit, unless a state law or local ordinance provides for a lower standard of parking, in which case the law or ordinance shall apply. (2) A local government shall not impose a parking requirement if either of the following is true: (A) The parcel is located within one-half mile walking distance of public transit, either a high-quality transit corridor or a major transit stop as defined in subdivision (b) of Section 21155 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (l) (1) If the local government determines that the proposed development is in conflict with any of the objective planning standards specified in this section, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes: (A) Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units. (B) Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units. (2) If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the required objective planning standards. (3) For purposes of this section, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (4) The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” as defined in Section 21065 of the Public Resources Code. (5) Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable: (A) Within 90 days of submittal of the development proposal to the local government pursuant to this section if the development contains 150 or fewer housing units. (B) Within 180 days of submittal of the development proposal to the local government pursuant to this section if the development contains more than 150 housing units. (6) The local government shall ensure that the project satisfies the requirements specified in subdivision (d) of Section 66300, regardless of whether the development is within or not within an affected city or within or not within an affected county. (7) If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (8) A local government’s approval of a development pursuant to this section shall, notwithstanding any other law, be subject to the expiration timeframes specified in subdivision (f) of Section 65913.4. (9) Any proposed modifications to a development project approved pursuant to this section shall be undertaken pursuant to subdivision (g) of Section 65913.4. (10) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section. (11) A local government shall issue a subsequent permit required for a development approved under this section pursuant to paragraph (2) of subdivision (h) of Section 65913.4. (12) A public improvement that is necessary to implement a development that is approved pursuant to this section shall be undertaken pursuant to paragraph (3) of subdivision (h) of Section 65913.4. (m) This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Section 65589.5. (n) The Legislature finds and declares that ensuring residential development at greater density on land owned by independent institutions of higher education and religious institutions is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (o) The provisions of paragraph (3) of subdivision (g) concerning health care expenditures are distinct and severable from the remaining provisions of this section. However, all other provisions of subdivision (g) are material and integral parts of this section and are not severable. If any provision of subdivision (g), exclusive of those included in paragraph (3), is held invalid, the entire section shall be invalid and shall not be given effect. (p) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. (Amended by Stats. 2025, Ch. 774, Sec. 3. (SB 597) Effective January 1, 2026. Repealed as of January 1, 2036, by its own provisions.)
65913.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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A city, county, or city and county must not use subdivision design or improvement criteria to make housing development infeasible, must consider local housing needs, and must not require public-improvement standards above those applied to its own publicly financed improvements in similarly zoned districts.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.2. In exercising its authority to regulate subdivisions under Division 2 (commencing with Section 66410), a city, county, or city and county shall: (a) Refrain from imposing criteria for design, as defined in Section 66418, or improvements, as defined in Section 66419, for the purpose of rendering infeasible the development of housing for any and all economic segments of the community. However, nothing in this section shall be construed to enlarge or diminish the authority of a city, county, or city and county under other provisions of law to permit a developer to construct such housing. (b) Consider the effect of ordinances adopted and actions taken by it with respect to the housing needs of the region in which the local jurisdiction is situated. (c) Refrain from imposing standards and criteria for public improvements including, but not limited to, streets, sewers, fire stations, schools, or parks, which exceed the standards and criteria being applied by the city, county, or city and county at that time to its publicly financed improvements located in similarly zoned districts within that city, county, or city and county. (Amended by Stats. 1983, Ch. 367, Sec. 1.)
65913.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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This section requires local and state agencies to publish permit information lists and examples, decide whether postentitlement permit applications are complete within set deadlines, and finish review or appeal decisions within shorter time limits for smaller projects.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.3. (a) (1) A local agency or state agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a postentitlement phase permit. The local agency or state agency may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review. (2) A local agency or state agency shall post an example of a complete, approved application and an example of a complete set of postentitlement phase permits. A local agency shall post examples for at least five types of housing development projects in the jurisdiction, including, but not limited to, accessory dwelling unit, duplex, multifamily, mixed use, and townhome. (3) (A) A local agency shall make the items required by paragraphs (1) and (2) available on the agency’s internet website no later than January 1, 2024. (B) A state agency shall make the items required by paragraphs (1) and (2) available on the agency’s internet website no later than January 1, 2026. (b) (1) (A) A local agency or state agency shall determine whether an application for a postentitlement phase permit is complete and provide written notice of this determination to the applicant not later than 15 business days after the local agency or state agency received the application. (B) If the local agency or state agency determines an application is incomplete, the local agency or state agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list shall be limited to incomplete items that are included on the lists required by paragraph (1) of subdivision (a). The list and description shall be provided with the written notice required by subparagraph (A). (2) (A) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the local agency or state agency. (B) In the review of an application submitted pursuant to subparagraph (A), the local agency or state agency shall not require the application to include an item that was not included in the list required by subparagraph (B) of paragraph (1). (C) If an applicant submits an application pursuant to subparagraph (A), the local agency or state agency shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B) of paragraph (1). This additional application is subject to the timelines and requirements specified in subparagraph (A) of paragraph (1). (3) If a local agency or state agency does not make a timely determination as required by paragraph (1) or (2) and the application or resubmitted application states that it is for a postentitlement phase permit, the application or resubmitted application shall be deemed to be complete for the purposes of this chapter. (c) (1) (A) For housing development projects with 25 units or fewer, a local agency or state agency shall complete the review and do either of the following: (i) If the local agency or state agency determines that the complete application is not compliant with the permit standards, return in writing a full set of comments to the applicant with a comprehensive request for revisions. (ii) If the local agency or state agency determines that the complete application is compliant with the permit standards, return the approved permit application on each postentitlement phase permit requested. (B) The local agency or state agency shall immediately transmit that determination to the applicant by electronic mail and, if applicable, by posting the response on its internet website in the manner prescribed in subdivision (b) of Section 65913.3.5 not later than 30 business days after the local agency or state agency determines that an application for a postentitlement phase permit is complete pursuant to subdivision (b). (2) (A) For housing development projects with 26 units or more, a local agency or state agency shall complete the review and do either of the following: (i) If the local agency or state agency determines that the complete application is not compliant with the permit standards, return in writing a full set of comments to the applicant with a comprehensive request for revisions. (ii) If the local agency or state agency determines that the complete application is compliant with the permit standards, return the approved permit application on each postentitlement phase permit requested. (B) The local agency or state agency shall immediately transmit that determination to the applicant by electronic mail and, if applicable, by posting the response on its internet website in the manner prescribed in subdivision (b) of Section 65913.3.5 not later than 60 business days after the local agency or state agency determines that an application for a postentitlement phase permit is complete pursuant to subdivision (b). (3) Once a local agency or state agency determines that a postentitlement phase permit is compliant with applicable permit standards pursuant to paragraph (1) or (2), the local agency or state agency shall not subject the postentitlement phase permit to any appeals or additional hearing requirements. (4) (A) The time limits in this subdivision shall not apply if the local agency or state agency makes written findings within the time limits specified in paragraph (1) or (2) based on substantial evidence in the record that the proposed postentitlement phase permit might have a specific, adverse impact on public health or safety and that additional time is necessary to process the application. (B) For the purposes of this paragraph, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (5) If the local agency or state agency requires review of the application by an outside entity, the time limits in this subdivision shall be tolled until the outside entity completes the review and returns the application to the local agency or state agency, at which point the local agency or state agency shall complete the review within the time remaining under the time limit, provided that the local agency or state agency notifies the applicant within three business days by electronic mail and, if applicable, by posting the notification on its internet website in the manner prescribed in subdivision (b) of Section 65913.3.5 of the tolling and resumption of the time limit. (d) (1) If a local agency or state agency finds that a complete application is noncompliant, the local agency or state agency shall provide the applicant with a list of items that are noncompliant and a description of how the application can be remedied by the applicant within the time limits specified in subdivision (c). (2) The local agency or state agency shall provide the list and description authorized by paragraph (1) when it transmits its determination to the applicant as required by subdivision (c). (3) If a local agency or state agency denies a postentitlement phase permit application based on a determination that the application is noncompliant, the applicant may attempt to remedy the application. (4) If an applicant submits an application pursuant to paragraph (3), the additional application is subject to the timelines of a new application as specified in subdivision (c). (e) (1) If a postentitlement phase permit is determined to be incomplete under subdivision (b) or denied or determined to be noncompliant under subdivision (c) or (d), the local agency or state agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both. (2) (A) With respect to a postentitlement phase permit concerning housing development projects with 25 units or fewer, a local agency or state agency on the appeal shall provide a final written determination by not later than 60 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body of a local agency does not extend the 60-business-day period. (B) With respect to a postentitlement phase permit concerning housing development projects with 26 units or more, a local agency or state agency on the appeal shall provide a final written determination by not later than 90 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body of a local agency does not extend the 90-business-day period. (f) If a local agency fails to meet the time limits in this section, it shall be in violation of Section 65589.5. (g) If a state agency fails to meet the time limits in this section, the permit shall be deemed approved and any related reviews shall be deemed complete. (h) This section does not place limitations on the amount of feedback that a local agency or state agency may provide or revisions that a local agency or state agency may request of an applicant. (i) For residential or residential mixed-use developments that are subject to the requirements set forth in Section 65913.4, the provisions of paragraph (2) of subdivision (h) of Section 65913.4 shall apply. Permits for these developments that are subject to paragraph (2) of subdivision (h) of Section 65913.4 shall not be in conflict with the requirements of this section. The local agency or state agency shall comply with both sets of standards. (j) This section does not preclude an applicant and a local agency or state agency from mutually agreeing to an extension of any time limit provided by this section. However, a local agency or state agency shall not require an agreement as a condition of accepting the application for, or processing of, a postentitlement phase permit, unless the agreement is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same housing development project. (k) For purposes of this section, the following definitions apply: (1) “Housing development project” has the same meaning as in paragraph (3) of subdivision (b) of Section 65905.5. (2) “Local agency” means any county, city, or city and county. (3) (A) “Postentitlement phase permit” includes all of the following: (i) All nondiscretionary permits and reviews that are required or issued by the local agency after the entitlement process has been completed to begin construction of a development that is intended to be at least two-thirds residential, excluding discretionary and ministerial planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A postentitlement phase permit includes, but is not limited to, all of the following: (I) Building permits, and all interdepartmental reviews required for the issuance of a building permit. (II) Permits for minor or standard offsite improvements. (III) Permits for demolition. (IV) Permits for minor or standard excavation and grading. (ii) All building permits and other permits issued under the California Building Standards Code (Title 24 of the California Code of Regulations) or any applicable local building code for the construction, demolition, or alteration of buildings, whether discretionary or nondiscretionary. (iii) (I) Except as provided in subclause (II), any postentitlement review by a state agency that is necessary to begin construction of a development that is intended to be at least two-thirds residential, excluding discretionary and ministerial planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). (II) Notwithstanding subclause (I), a postentitlement phase permit does not include either of the following: (ia) A permit issued by a state agency acting pursuant to delegated federal permitting or enforcement authority under the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.). (ib) A permit authorizing discharges of waste to waters of the state. (B) A local agency or state agency may identify a threshold for determining whether a permit constitutes a “minor” or “standard” permit for the purposes of this paragraph, which shall be supported by written findings. A local agency that identifies a threshold pursuant to this subparagraph shall adopt the threshold by ordinance. (C) A postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, or a utility that is not owned and operated by a local agency. (4) “State agency” has the same meaning as that term is defined in Section 11000. (Amended by Stats. 2025, Ch. 488, Sec. 1. (AB 301) Effective October 10, 2025.)
65913.3.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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Special districts must send written notice to applicants about next steps and any needed extra information, with deadlines based on project size.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.3.1. (a) This section applies to both of the following: (1) An application from a housing development project for service from a special district. (2) An application from a housing development project for a postentitlement phase permit that a local agency deemed complete pursuant to subdivision (b) of Section 65913.3 that requires separate approval from a special district. (b) A special district that receives an application pursuant to subdivision (a) shall provide written notice to the applicant, pursuant to the timelines specified in subdivision (c), of next steps in the review process, including, but not limited to, any additional information that may be required to begin to review the application for service or approval. (c) (1) For a housing development with 25 units or fewer, a special district shall provide the written notice required by subdivision (b) within 30 business days of receipt of the application. (2) For a housing development with 26 units or more, a special district shall provide the written notice required by subdivision (b) within 60 business days of receipt of the application. (d) (1) After receiving notice that an application requires additional information pursuant to subdivision (b), an applicant may provide the requested information directly to the special district. (2) A special district that receives additional information pursuant to paragraph (1) shall respond to the applicant with a notice that contains the information or next steps required by subdivision (b) in the applicable time period described by subdivision (c). (3) A special district shall continue to review each submission by an applicant to determine additional relevant information and provide written notice of the next steps or additional information required in the applicable time periods described in subdivision (c) of each submission by the applicant. (e) This section does not limit the amount of comments, feedback, revisions, or requests for additional information a special district may provide to an applicant or to a local agency. (f) This section does not require the special district to approve the application or serve the housing development project within a specified time period. (g) For purposes of this section, the following definitions apply: (1) “Housing development project” has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5. (2) “Local agency” means any city, county, or city and county. (3) “Postentitlement phase permit” has the same meaning as defined in Section 65913.3. (4) “Special district” has the same meaning as defined in Section 56036. (Added by Stats. 2023, Ch. 735, Sec. 1. (AB 281) Effective January 1, 2024.)
65913.3.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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Certain local agencies must offer online permit processing and related email fallback procedures, with deadlines based on population.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.3.5. (a) (1) A local agency located in a county with a population of 1,100,000 or greater, or a local agency with a population of 75,000 or greater in any county, as determined by the 2020 census, shall comply with subdivision (b) no later than January 1, 2024. (2) A local agency required to comply with paragraph (1) may extend the time period described in that paragraph by up to two years if the legislative body of the local agency does both of the following by January 1, 2024: (A) Makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees. (B) Has initiated a procurement process for the purpose of complying with subdivision (b). (3) (A) The following local agencies shall comply with subdivision (b) no later than January 1, 2028: (i) A local agency with a population of fewer than 75,000 located in a county with a total population of less than 1,100,000, as determined by the 2020 census. (ii) A county with a population in the unincorporated area of fewer than 75,000, as determined by the 2020 census. (B) A local agency required to comply with subparagraph (A) may extend the time period in subparagraph (A) by up to five years if the legislative body of the local agency makes a written finding that adopting an online permitting system on or before January 1, 2028, would require substantial increases in permitting fees. (b) (1) Subject to subdivision (a), a local agency shall provide an option for postentitlement phase permits to be applied for, completed, and retrieved by the applicant on its internet website. (2) Until a local agency has established the process required by paragraph (1) on its internet website, it shall accept applications for postentitlement phase permits and any related documentation by electronic mail. (3) (A) The internet website shall list the current processing status of the applicant’s permit by the local agency. That status shall note whether it is being reviewed by the agency or action is required from the applicant. (B) A local agency required to accept applications by electronic mail pursuant to paragraph (2) shall respond to inquiries from an applicant regarding the current processing status of the applicant’s permit via electronic mail. (c) Notwithstanding subdivision (a), this section shall only apply to large jurisdictions, as defined in Section 53559.1 of the Health and Safety Code. (d) For purposes of this section, the following definitions apply: (1) “Local agency” means any county, city, or city and county, including charter cities. (2) “Postentitlement phase permit” has the same meaning as in Section 65913.3. (Added by Stats. 2022, Ch. 651, Sec. 3. (AB 2234) Effective January 1, 2023.)
65913.4.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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This section lets a qualifying housing developer seek streamlined ministerial approval, and requires local governments to approve compliant projects while applying specified objective standards and labor, affordability, and consultation conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.4. (a) Except as provided in subdivision (r), a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (c) and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with subdivision (b) and satisfies all of the following objective planning standards: (1) The development is a multifamily housing development that contains two or more residential units. (2) The development and the site on which it is located satisfy all of the following: (A) It is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (B) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. (C) (i) A site that meets the requirements of clause (ii) and satisfies any of the following: (I) The site is zoned for residential use or residential mixed-use development. (II) The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses. (III) The site meets the requirements of Section 65852.24. (ii) At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages. (3) (A) The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time: (i) Fifty-five years for units that are rented. (ii) Forty-five years for units that are owned. (B) The city or county shall require the recording of covenants or restrictions implementing this paragraph for each parcel or unit of real property included in the development. (4) The development satisfies clause (i) or (ii) of subparagraph (A) and satisfies subparagraph (B) below: (A) (i) For a development located in a locality that is in its sixth or earlier housing element cycle, the development is located in either of the following: (I) In a locality that the department has determined is subject to this clause on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, is less than the locality’s share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subclause until the department’s determination for the next reporting period. (II) In a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department. A locality shall remain eligible under this subclause until such time as the locality adopts a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department. (ii) For a development located in a locality that is in its seventh or later housing element cycle, is located in a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department by the statutory deadline, or that the number of units that have been issued building permits, as shown on the most recent production report received by the department, is less than the locality’s share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the department’s determination for the next reporting period. (B) The development is subject to a requirement mandating a minimum percentage of below market rate housing based on one of the following: (i) The locality did not adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, did not submit its latest production report to the department by the time period required by Section 65400, or that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project does one of the following: (I) For for-rent projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 50 percent of the area median income. However, if the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 50 percent of the area median income, that local ordinance applies. (II) For for-sale projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, if the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that local ordinance applies. (III) (ia) If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (I) or (II), may opt to abide by this subclause. Projects utilizing this subclause shall dedicate 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making below 100 percent of the area median income with the average income of the units at or below 80 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 100 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 100 percent. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 100 percent of the area median income shall not exceed 30 percent of the gross income of the household. (ib) For purposes of this subclause, “San Francisco Bay area” means the entire area within the territorial boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco. (ii) (I) The locality’s latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period, and one of the following conditions exist: (ia) The project seeking approval dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. (ib) The project application was submitted prior to January 1, 2019, and the project includes at least 500 units of housing, the project seeking approval or seeking a modification to a prior approval dedicates 20 percent of the total number of units, before calculating any density bonus, as affordable units, with at least 9 percent affordable to households making at or below 50 percent of the area median income and the remainder affordable to households making at or below 80 percent of the area median income. (II) Notwithstanding the conditions described in sub-subclauses (ia) and (ib) of subclause (I), if the locality has adopted a local ordinance that requires that greater than 50 percent, or greater than 20 percent as applicable, of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that local ordinance applies. (III) For purposes of this clause, the reference to units affordable to very low income households includes units affordable to acutely low income households, as defined in Section 50063.5 of the Health and Safety Code, and to extremely low income households, as defined in Section 50106 of the Health and Safety Code. (iii) The locality did not submit its latest production report to the department by the time period required by Section 65400, or if the production report reflects that there were fewer units of housing affordable to both income levels described in clauses (i) and (ii) that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii). (C) (i) A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Section 65915, provided that the development proponent complies with the applicable requirements in the state or local law. If a local requirement for affordable housing requires units that are restricted to households with incomes higher than the applicable income limits required in subparagraph (B), then units that meet the applicable income limits required in subparagraph (B) shall be deemed to satisfy those local requirements for higher income units. (ii) A development proponent that uses a unit of affordable housing to satisfy any other state or local affordability requirement may also satisfy the requirements of subparagraph (B), provided that the development proponent complies with applicable requirements of subparagraph (B). (iii) A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households with incomes lower than the applicable income limits required in subparagraph (B). (D) The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law. (5) The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section, or at the time a notice of intent is submitted pursuant to subdivision (b), whichever occurs earlier. For purposes of this paragraph, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following: (A) A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted. (B) In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan. (C) It is the intent of the Legislature that the objective zoning standards, objective subdivision standards, and objective design review standards described in this paragraph be adopted or amended in compliance with the requirements of Chapter 905 of the Statutes of 2004. (D) The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law. (E) A project that satisfies the requirements of Section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, “residential hotel” shall have the same meaning as defined in Section 50519 of the Health and Safety Code. (6) The development is not located on a site that is any of the following: (A) (i) An area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public Resources Code. (ii) An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan. (iii) An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment. (iv) In a parcel within the coastal zone that is not zoned for multifamily housing. (v) In a parcel in the coastal zone and located on either of the following: (I) On, or within a 100-foot radius of, a wetland, as defined in Section 30121 of the Public Resources Code. (II) On prime agricultural land, as defined in Sections 30113 and 30241 of the Public Resources Code. (B) Either prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. (C) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (D) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions: (i) Section 4291 of the Public Resources Code or Section 51182, as applicable. (ii) Section 4290 of the Public Resources Code. (iii) Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations). (E) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply: (i) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5. (ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses. (F) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. (G) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met: (i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction. (ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. (H) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. (I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (K) Lands under conservation easement. (7) The development is not located on a site where any of the following apply: (A) The development would require the demolition of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) Housing that has been occupied by tenants within the past 10 years. (B) The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section. (C) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (D) The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property. (8) Except as provided in paragraph (9), a proponent of a development project approved by a local government pursuant to this section shall require in contracts with construction contractors, and shall certify to the local government, that the following standards specified in this paragraph will be met in project construction, as applicable: (A) A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following: (i) All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (ii) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work, and shall also provide notice of all contracts for the performance of the work to the Department of Industrial Relations, in accordance with Section 1773.35 of the Labor Code, for those portions of the development that are not a public work. (iii) All contractors and subcontractors for those portions of the development that are not a public work shall comply with all of the following: (I) Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (II) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subclause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (III) Be registered in accordance with Section 1725.6 of the Labor Code. (B) (i) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following: (I) The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development. (II) An underpaid worker through an administrative complaint or civil action. (III) A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. (ii) If a civil wage and penalty assessment is issued pursuant to this paragraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (iii) This paragraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (C) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of a development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker. (D) The requirement of this paragraph to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (E) A development of 50 or more housing units approved by a local government pursuant to this section shall meet all of the following labor standards: (i) The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in clauses (ii) and (iii). A construction contractor is deemed in compliance with clauses (ii) and (iii) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents. (ii) A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. (iii) Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph. (iv) (I) The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with clauses (ii) and (iii). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. (II) A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with clauses (ii) and (iii) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of clauses (ii) and (iii). (III) Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code. (v) Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code. (vi) All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. (vii) A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to clause (iii) in accordance with Section 218.7, 218.8, or 218.9 of the Labor Code. (F) For any project over 85 feet in height above grade, the following skilled and trained workforce provisions apply: (i) Except as provided in clause (ii), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied: (I) The contract contains an enforceable commitment that the prime contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to any scopes of work where new bids are accepted pursuant to subclause (I) of clause (ii). (II) The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation. (III) The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids attesting to satisfaction of the skilled and trained workforce requirements. (IV) When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that provides the following: (ia) The prime contractor and subcontractors at every tier will comply with this chapter. (ib) The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor. (ic) The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors. (ii) (I) If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work. (II) The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, “project labor agreement” means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code. (III) Requirements set forth in this subparagraph shall not apply to projects where 100 percent of the units, exclusive of a manager’s unit or units, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code. (iii) If the skilled and trained workforce requirements of this subparagraph apply, the prime contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor: (I) An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project. (II) Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter. (iv) Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site: (I) Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project and the local building and construction trades council. (II) Any organization representing contractors that may perform work necessary to complete the project, including any contractors’ association or regional builders’ exchange. (v) The developer or prime contractor shall, within three business days of a request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), provide all of the following: (I) The names and Contractors State License Board numbers of the prime contractor and any subcontractors that submitted a proposal or bid for the development project. (II) The names and Contractors State License Board numbers of contractors and subcontractors that are under contract to perform construction work. (vi) (I) For all projects subject to this subparagraph, the development proponent shall provide to the locality, on a monthly basis while the project or contract is being performed, a report demonstrating that the self-performing prime contractor and all subcontractors used a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, unless otherwise exempt under this subparagraph. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 and shall be open to public inspection. A developer that fails to provide a complete monthly report shall be subject to a civil penalty of 10 percent of the dollar value of construction work performed by that contractor on the project in the month in question, up to a maximum of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. (II) Any subcontractors or prime contractor self-performing work subject to the skilled and trained workforce requirements under this subparagraph that fail to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the project using the same issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Prime contractors shall not be jointly liable for violations of this subparagraph by subcontractors. Penalties shall be paid to the State Public Works Enforcement Fund or the locality or its labor standards enforcement agency, depending on the lead entity performing the enforcement work. (III) Any provision of a contract or agreement of any kind between a developer and a prime contractor that purports to delegate, transfer, or assign to a prime contractor any obligations of or penalties incurred by a developer shall be deemed contrary to public policy and shall be void and unenforceable. (G) A locality, and any labor standards enforcement agency the locality lawfully maintains, shall have standing to take administrative action or sue a construction contractor for failure to comply with this paragraph. A prevailing locality or labor standards enforcement agency shall distribute any wages and penalties to workers in accordance with law and retain any fees, additional penalties, or assessments. (9) Notwithstanding paragraph (8), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures if it satisfies both of the following: (A) The project consists of 10 or fewer units. (B) The project is not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (10) The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (b) (1) (A) (i) Before submitting an application for a development subject to the streamlined, ministerial approval process described in subdivision (c), the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1, as that section read on January 1, 2020. (ii) Upon receipt of a notice of intent to submit an application described in clause (i), the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development. (iii) The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows: (I) The local government shall provide a formal notice of a development proponent’s notice of intent to submit an application described in clause (i) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following: (ia) A description of the proposed development. (ib) The location of the proposed development. (ic) An invitation to engage in a scoping consultation in accordance with this subdivision. (II) Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation. (III) If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response. (B) The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe. (C) The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met: (i) The development proponent and its consultants agree to respect the principles set forth in this subdivision. (ii) The development proponent and its consultants engage in the scoping consultation in good faith. (iii) The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation. (D) The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements: (i) Section 7927.000. (ii) Section 7927.005. (iii) Subdivision (c) of Section 21082.3 of the Public Resources Code. (iv) Subdivision (d) of Section 15120 of Title 14 of the California Code of Regulations. (v) Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation. (E) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to a scoping consultation conducted pursuant to this subdivision. (2) (A) If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c). (B) If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in subdivision (c). The local government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development. (C) If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in subdivision (c). (D) For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur: (i) The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present. (ii) One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached. (E) If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe. (3) A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies: (A) A California Native American tribe that received a formal notice of the development proponent’s notice of intent to submit an application pursuant to subclause (I) of clause (iii) of subparagraph (A) of paragraph (1) did not accept the invitation to engage in a scoping consultation. (B) The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to subclause (II) of clause (iii) of subparagraph (A) of paragraph (1) but substantially failed to engage in the scoping consultation after repeated documented attempts by the local government to engage the California Native American tribe. (C) The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development pursuant to subparagraph (A) of paragraph (2). (D) A scoping consultation between a California Native American tribe and the local government has occurred in accordance with this subdivision and resulted in agreement pursuant to subparagraph (B) of paragraph (2). (4) A project shall not be eligible for the streamlined, ministerial process described in subdivision (c) if any of the following apply: (A) There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project. (B) There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2). (C) The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential tribal cultural resource will be affected by the proposed development. (5) (A) If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial approval process described in subdivision (c) for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation: (i) There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project, as described in subparagraph (A) of paragraph (4). (ii) The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2) and subparagraph (B) of paragraph (4). (iii) The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development, as described in subparagraph (C) of paragraph (4). (B) The written documentation provided to a development proponent pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local government. (6) This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government. (7) For purposes of this subdivision: (A) “Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement. Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each party’s sovereignty. Consultation shall also recognize the tribes’ potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the “State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines” prepared by the Office of Planning and Research. (B) “Scoping” means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code. (8) This subdivision shall not apply to any project that has been approved under the streamlined, ministerial approval process provided under this section before the effective date of the act adding this subdivision. (c) (1) Notwithstanding any local law, if a local government’s planning director or equivalent position determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (3) of this subdivision, the local government shall approve the development. Upon a determination that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), the local government staff or relevant local planning and permitting department that made the determination shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows: (A) Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units. (B) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units. (C) Within 30 days of submittal of any development proposal that was resubmitted to address written feedback provided by the local government pursuant to this paragraph. (2) If the local government’s planning director or equivalent position fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a). (3) For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (h), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (4) Upon submittal of an application for streamlined, ministerial approval pursuant to this section to the local government, all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1). (d) (1) Any design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable: (A) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units. (B) Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units. (2) An application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in paragraph (1) if the development is consistent with the requirements of this section, including, but not limited to, paragraph (8) of subdivision (a), and all objective subdivision standards in the local subdivision ordinance, and meets at least one of the following requirements: (A) The development has received or will receive financing or funding by means of a low-income housing tax credit. (B) The development is located on a legal parcel or parcels within either of the following: (i) An incorporated city, the boundaries of which include some portion of an urbanized area. (ii) An urbanized area or urban cluster in a county with a population greater than 250,000 based on the most recent United States Census Bureau data. (iii) For purposes of this subparagraph, the following definitions apply: (I) “Urbanized area” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012. (II) “Urban cluster” means an urban cluster designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012. (3) If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (1), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in paragraph (1) of subdivision (c). (e) (1) Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing automobile parking requirements in multifamily developments, shall not impose automobile parking standards for a streamlined development that was approved pursuant to this section in any of the following instances: (A) The development is located within one-half mile of public transit. (B) The development is located within an architecturally and historically significant historic district. (C) When on-street parking permits are required but not offered to the occupants of the development. (D) When there is a car share vehicle located within one block of the development. (2) If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose automobile parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit. (f) Notwithstanding any law, a local government shall not require any of the following prior to approving a development that meets the requirements of this section: (1) Studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development. (2) (A) Compliance with any standards necessary to receive a postentitlement permit. (B) This paragraph does not prohibit a local agency from requiring compliance with any standards necessary to receive a postentitlement permit after a permit has been issued pursuant to this section. (C) For purposes of this paragraph, “postentitlement permit” has the same meaning as provided in subparagraph (A) of paragraph (3) of subdivision (j) of Section 65913.3. (g) (1) If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project satisfies both of the following requirements: (A) The project includes public investment in housing affordability, beyond tax credits. (B) At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income. (2) (A) If a local government approves a development pursuant to this section, and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (1), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site that has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, “in progress” means one of the following: (i) The construction has begun and has not ceased for more than 180 days. (ii) If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse. (B) Notwithstanding subparagraph (A), a local government may grant a project a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application. (3) If the development proponent requests a modification pursuant to subdivision (h), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent. (4) The amendments made to this subdivision by the act that added this paragraph shall also be retroactively applied to developments approved prior to January 1, 2022. (h) (1) (A) A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (c) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development. (B) Except as provided in paragraph (3), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted. (C) The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (c). (D) A guideline that was adopted or amended by the department pursuant to subdivision (n) after a development was approved through the streamlined, ministerial approval process described in subdivision (c) shall not be used as a basis to deny proposed modifications. (2) Upon receipt of the development proponent’s application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required. (3) Notwithstanding paragraph (1), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances: (A) The development is revised such that the total square footage of construction increases by 15 percent or more or the total number of residential units decreases by 15 percent or more. The calculation of the square footage of construction increases shall not include underground space. (B) The development is revised such that the total square footage of construction increases by 5 percent or more or the total number of residential units decreases by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction increases shall not include underground space. (C) (i) Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent. (ii) The amendments made to clause (i) by the act that added clause (i) shall also be retroactively applied to modification applications submitted prior to January 1, 2022. (4) The local government’s review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modifies the development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification. (i) (1) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section. (2) (A) A local government shall issue a subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (c). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this paragraph, a “subsequent permit” means a permit required subsequent to receiving approval under subdivision (c), and includes, but is not limited to, demolition, grading, encroachment, and building permits and final maps, if necessary. (B) The amendments made to subparagraph (A) by the act that added this subparagraph shall also be retroactively applied to subsequent permit applications submitted prior to January 1, 2022. (3) (A) If a public improvement is necessary to implement a development that is subject to the streamlined, ministerial approval pursuant to this section, including, but not limited to, a bicycle lane, sidewalk or walkway, public transit stop, driveway, street paving or overlay, a curb or gutter, a modified intersection, a street sign or street light, landscape or hardscape, an above-ground or underground utility connection, a water line, fire hydrant, storm or sanitary sewer connection, retaining wall, and any related work, and that public improvement is located on land owned by the local government, to the extent that the public improvement requires approval from the local government, the local government shall not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the development. (B) If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall do all of the following: (i) Consider the application based upon any objective standards specified in any state or local laws that were in effect when the original development application was submitted. (ii) Conduct its review and approval in the same manner as it would evaluate the public improvement if required by a project that is not eligible to receive ministerial or streamlined approval pursuant to this section. (C) If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall not do either of the following: (i) Adopt or impose any requirement that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section. (ii) Unreasonably delay in its consideration, review, or approval of the application. (j) (1) This section shall not affect a development proponent’s ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of subdivision (i) of Section 65583.2. (2) This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law. (k) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to: (1) Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. (2) Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. (l) For purposes of establishing the total number of units in a development under this chapter, a development or development project includes both of the following: (1) All projects developed on a site, regardless of when those developments occur. (2) All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to this chapter. (m) For purposes of this section, the following terms have the following meanings: (1) “Affordable housing cost” has the same meaning as set forth in Section 50052.5 of the Health and Safety Code. (2) (A) Subject to the qualification provided by subparagraphs (B) and (C), “affordable rent” has the same meaning as set forth in Section 50053 of the Health and Safety Code. (B) For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (A) and “affordable rent” for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee. (C) For a development that dedicates 100 percent of units, exclusive of a manager’s unit or units, to lower income households, “affordable rent” shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development. (3) “Department” means the Department of Housing and Community Development. (4) “Development proponent” means the developer who submits a housing development project application to a local government under the streamlined ministerial review process pursuant to this section. (5) “Completed entitlements” means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit. (6) “Health care expenditures” include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward “medical care,” as defined in Section 213(d)(1) of the Internal Revenue Code. (7) “Housing development project” has the same meaning as in Section 65589.5. (8) “Locality” or “local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (9) “Moderate-income housing units” means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (10) “Production report” means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400. (11) “State agency” includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California. (12) (A) “Reporting period” means either of the following: (i) The first half of the regional housing needs assessment cycle. (ii) The last half of the regional housing needs assessment cycle. (B) Notwithstanding subparagraph (A), “reporting period” means annually for the City and County of San Francisco. (13) “Urban uses” means any current or former residential, commercial, public institutional, public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination of those uses. (n) The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (o) The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (c) is not a “project” as defined in Section 21065 of the Public Resources Code. (p) Notwithstanding any other law, for purposes of this section and for development in compliance with the requirements of this section on property owned by or leased to the state, the Department of General Services may act in the place of a locality or local government, at the discretion of the department. (q) (1) For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within 45 days after receiving a notice of intent, as described in subdivision (b), and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c), the local government shall provide for a public meeting to be held by the city council or county board of supervisors to provide an opportunity for the public and the local government to comment on the development. (2) The public meeting shall be held at a regular meeting and be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). (3) If the development proposal is located within a city with a population of greater than 250,000 or the unincorporated area of a county with a population of greater than 250,000, the public meeting shall be held by the jurisdiction’s planning commission. (4) Comments may be provided by testimony during the meeting or in writing at any time before the meeting concludes. (5) The development proponent shall attest in writing that it attended the meeting described in paragraph (1) and reviewed the public testimony and written comments from the meeting in its application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c). (6) If the local government fails to hold the hearing described in paragraph (1) within 45 days after receiving the notice of intent, the development proponent shall hold a public meeting on the proposed development before submitting an application pursuant to this section. (r) (1) This section shall not apply to applications for developments proposed on qualified sites that are submitted on or after January 1, 2024, but before July 1, 2025. (2) For purposes of this subdivision, “qualified site” means a site that meets the following requirements: (A) The site is located within an equine or equestrian district designated by a general plan or specific or master plan, which may include a specific narrative reference to a geographically determined area or map of the same. Parcels adjoined and only separated by a street or highway shall be considered to be within an equestrian district. (B) As of January 1, 2024, the general plan applicable to the site contains, and has contained for five or more years, an equine or equestrian district designation where the site is located. (C) As of January 1, 2024, the equine or equestrian district applicable to the site is not zoned to include residential uses, but authorizes residential uses with a conditional use permit. (D) The applicable local government has an adopted housing element that is compliant with applicable law. (3) The Legislature finds and declares that the purpose of this subdivision is to allow local governments to conduct general plan updates to align their general plan with applicable zoning changes. (s) The provisions of clause (iii) of subparagraph (E) of paragraph (8) of subdivision (a) relating to health care expenditures are distinct and severable from the remaining provisions of this section. However, the remaining portions of paragraph (8) of subdivision (a) are a material and integral part of this section and are not severable. If any provision or application of paragraph (8) of subdivision (a) is held invalid, this entire section shall be null and void. (t) (1) The changes made to this section by the act adding this subdivision shall apply in a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code, on and after January 1, 2025. (2) In an area of the coastal zone not excluded under paragraph (6) of subdivision (a), a development that satisfies the requirements of subdivision (a) shall require a coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local government’s certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area. (3) For purposes of this section, receipt of any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program. (u) It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, increased housing supply. (v) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. (Amended by Stats. 2025, Ch. 774, Sec. 2. (SB 597) Effective January 1, 2026. Repealed as of January 1, 2036, by its own provisions.)
65913.4.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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Local agencies must issue building permits for certain small housing developments if the applicant has the required map approval and a complete application.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.4.5. (a) (1) A local agency shall issue a building permit for one or more residential units that are part of a housing development project consisting of 10 or fewer units on a lot proposed to be subdivided as part of a subdivision pursuant to paragraph (3) if the applicant for the permit has met both of the following requirements: (A) The applicant has received a tentative map approval or parcel map approval for the subdivision. (B) The applicant has submitted a building permit application that the local agency deemed complete pursuant to subdivision (b) of Section 65913.3. (2) The local agency may condition the issuance of a building permit on the applicant submitting proof to the satisfaction of the local agency of a recorded covenant and agreement enforceable by the local agency that states that the applicant and the applicant’s successors and assignees agree that the building permit is issued on the condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded. (3) (A) The local agency shall issue the building permit based upon the tentative or parcel map and its conditions of approval. Any dedication, improvement, and sewer requirements identified in the approved tentative or parcel map or its conditions of approval shall be guaranteed to the satisfaction of the local agency at the time the building permit is issued. (B) The local agency may require security to ensure faithful performance of the requirements identified in the approved tentative or parcel map or its conditions of approval. The amount of security shall be determined by the local agency and shall not be more than 300 percent of the total estimated cost of the improvements or of the acts to be performed. The security shall be provided in either of the following forms, as determined by the local agency: (i) Bond or bonds by one or more duly authorized corporate sureties. (ii) An instrument of credit from an agency of the state, federal, or local government when any agency of the state, federal, or local government provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution. (4) Notwithstanding paragraph (1), a local agency may deny issuance of a building permit if the building official makes a written finding, based upon a preponderance of the evidence, that construction of the proposed structure or structures before recordation of the final map would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (b) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (c) This section shall become operative on July 1, 2024. (Added by Stats. 2023, Ch. 783, Sec. 3. (SB 684) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
65913.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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A local government may zone eligible parcels for up to 10 residential units per parcel, but there are limits, exclusions, and required findings and ordinance terms.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.5. (a) (1) Notwithstanding any local restrictions on adopting zoning ordinances enacted by the jurisdiction that limit the legislative body’s ability to adopt zoning ordinances, including, subject to the requirements of paragraph (4) of subdivision (b), restrictions enacted by local initiative, a local government may adopt an ordinance to zone a parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in one of the following: (A) A transit-rich area. (B) An urban infill site. (2) A local government shall not adopt an ordinance pursuant to this subdivision on or after January 1, 2029. However, the operative date of an ordinance adopted under this subdivision may extend beyond January 1, 2029. (3) An ordinance adopted in accordance with this subdivision, and any resolution to amend the jurisdiction’s General Plan, ordinance, or other local regulation adopted to be consistent with that zoning ordinance, shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (4) Paragraph (1) shall not apply to either of the following: (A) Parcels located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This paragraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. (B) Any local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land, as defined in subdivision (h) of Section 65560, or for park or recreational purposes. (b) A legislative body shall comply with all of the following when adopting a zoning ordinance pursuant to subdivision (a): (1) The zoning ordinance shall include a declaration that the zoning ordinance is adopted pursuant to this section. (2) The zoning ordinance shall clearly demarcate the areas that are zoned pursuant to this section. (3) The legislative body shall make a finding that the increased density authorized by the ordinance is consistent with the city or county’s obligation to affirmatively further fair housing pursuant to Section 8899.50. (4) If the ordinance supersedes any zoning restriction established by a local initiative, the ordinance shall only take effect if adopted by a two-thirds vote of the members of the legislative body. (c) (1) Notwithstanding any other law that allows ministerial or by right approval of a development project or that grants an exemption from Division 13 (commencing with Section 21000) of the Public Resources Code, a residential or mixed-use residential project consisting of more than 10 new residential units on one or more parcels that are zoned pursuant to an ordinance adopted under this section shall not be approved ministerially or by right and shall not be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. (2) This subdivision shall not apply to a project located on a parcel or parcels that are zoned pursuant to an ordinance adopted under this section, but subsequently rezoned without regard to this section. A subsequent ordinance adopted to rezone the parcel or parcels shall not be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. Any environmental review conducted to adopt the subsequent ordinance shall consider the change in the zoning applicable to the parcel or parcels before they were zoned or rezoned pursuant to the ordinance adopted under this section. (3) The creation of up to two accessory dwelling units and two junior accessory dwelling units per parcel pursuant to Article 2 (commencing with Section 66314) and Article 3 (commencing with Section 66333) of Chapter 13 shall not count towards the total number of units of a residential or mixed-use residential project when determining if the project may be approved ministerially or by right under paragraph (1). (4) A project may not be divided into smaller projects in order to exclude the project from the prohibition in this subdivision. (d) (1) An ordinance adopted pursuant to this section shall not reduce the density of any parcel subject to the ordinance. (2) A legislative body that adopts a zoning ordinance pursuant to this section shall not subsequently reduce the density of any parcel subject to the ordinance. (e) For purposes of this section: (1) “High-quality bus corridor” means a corridor with fixed route bus service that meets all of the following criteria: (A) It has average service intervals of no more than 15 minutes during the three peak hours between 6 a.m. to 10 a.m., inclusive, and the three peak hours between 3 p.m. and 7 p.m., inclusive, on Monday through Friday. (B) It has average service intervals of no more than 20 minutes during the hours of 6 a.m. to 10 p.m., inclusive, on Monday through Friday. (C) It has average intervals of no more than 30 minutes during the hours of 8 a.m. to 10 p.m., inclusive, on Saturday and Sunday. (2) “Transit-rich area” means a parcel within one-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or a parcel on a high-quality bus corridor. (3) “Urban infill site” means a site that satisfies all of the following: (A) A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. (C) A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use. (f) The Legislature finds and declares that provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (Amended by Stats. 2024, Ch. 7, Sec. 19. (SB 477) Effective March 25, 2024.)
65913.6.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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This section limits when a local agency can require parking replacement or deny approval for certain housing projects tied to religious institutions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.6. (a) For purposes of this section, all of the following definitions shall apply: (1) “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5. (2) “Local agency” means any county, city, or city and county, including a charter city, or city and county. (3) “Place of worship” means a property owned or operated by a religious institution, that is used for the purpose of regular assembly by members of the institution. (4) “Religious institution” means an institution owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization composed of multidenominational members of the same well-recognized religion, lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code. (5) “Religious institution affiliated housing development project” means a housing development project that meets all of the following criteria: (A) The housing development project is located on one or more contiguous parcels that are each owned entirely, whether directly or through a wholly owned company or corporation, by a religious institution. (B) The housing development project qualifies as being near colocated religious-use parking spaces by being any of the following: (i) Located on one or more parcels that collectively contain religious-use parking spaces. (ii) Located adjacent to a parcel owned by the religious institution that contains religious-use parking spaces. (iii) Located on one or more parcels separated by no more than 0.1 miles from a parcel owned by the religious institution that contains religious-use parking spaces. (C) The housing development project qualifies for a density bonus under Section 65915. (6) “Religious-use parking spaces” means parking spaces that are required under the local agency’s parking requirements for existing places of worship, or parking spaces that would be required in a proposed development for a new place of worship. (b) (1) Notwithstanding any other law or ordinance, a local agency shall not require the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate, or reduce in the case of a plan for a new development, as part of that housing development project pursuant to this section. (2) The number of religious-use parking spaces requested to be eliminated, or reduced in the case of a plan for a new development, by a developer of a religious institution affiliated housing development project pursuant to this section shall not exceed the following: (A) In the case of an existing place of worship to be retained, 50 percent of the number of religious-use parking spaces that are available at the time the request is made. (B) In the case of a newly constructed place of worship, 50 percent of the number of religious-use parking spaces that would be required for a newly constructed place of worship. (3) The elimination of religious-use parking spaces pursuant to a religious institution affiliated housing development project that has been approved by a local agency does not constitute a concession pursuant to Section 65915. (c) Notwithstanding any other law or ordinance, a local agency shall not require the curing of any preexisting deficit of the number of religious-use parking spaces as a condition of approval of a religious institution affiliated housing development project. (d) Notwithstanding any other law or ordinance, a local agency shall allow the number of religious-use parking spaces that will be available after completion of a religious institution affiliated housing development project to count toward the number of parking spaces otherwise required for approval of the housing development project under any other law or ordinance. (e) Notwithstanding any other law or ordinance, a local agency shall not deny a proposed religious institution affiliated housing development project solely on the basis that the project will reduce the total number of parking spaces available at the place of worship provided that the total reduction does not exceed 50 percent of existing parking spaces, or 50 percent of the parking spaces that would be required of a new development of a place of worship. (f) (1) Notwithstanding any provision of this section, except as provided in paragraph (3), the reduction in parking spaces authorized in this section shall not reduce the minimum parking standards that a local agency may require of a religious institution affiliated housing development project below one space per unit. (2) For the purposes of this subdivision, a local agency shall not be required to allow the remaining religious-use parking spaces to count toward the number of parking spaces otherwise required for approval of the housing development project as provided in subdivision (d) to the extent that the application of subdivision (d) would prohibit a local agency from requiring up to one parking space per unit. (3) This subdivision shall not apply to a religious institution affiliated housing development project if either of the following is true: (A) The parcel is located within one-half mile walking distance of public transit. For the purposes of this paragraph, “public transit” means either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (g) This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that otherwise applies. (h) The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, and therefore this section applies to all cities, including charter cities. (Amended by Stats. 2022, Ch. 122, Sec. 1. (AB 2244) Effective January 1, 2023.)
65913.7.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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If a court finds a city, county, or city and county violated Section 65913.1 or 65913.2, it must bring the action into compliance within 60 days.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.7. If a court finds that an action of a city, county, or city and county is in violation of Section 65913.1 or 65913.2, the city, county, or city and county shall bring its action into compliance within 60 days. However, the court shall retain jurisdiction to enforce its decision. Upon the court’s determination that the 60-day period for compliance would place an undue hardship on the city, county, or city and county, the court may extend the time period for compliance by an additional 60 days. (Added by Stats. 1982, Ch. 1355, Sec. 3.)
65913.8.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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Local agencies generally may not add maintenance or operating costs to certain development-related fees, but they may require such payments for qualifying improvements and may extend them once in limited circumstances.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.8. A fee, charge, or other form of payment imposed by a governing body of a local agency for a public capital facility improvement related to a development project may not include an amount for the maintenance or operation of an improvement when the fee, charge, or other form of payment is required as a condition of the approval of a development project, or required to fulfill a condition of the approval. However, a fee, charge, or other form of payment may be required for the maintenance and operation of an improvement meeting the criteria of either subdivision (a) or (b), as follows: (a) The improvement is (1) designed and installed to serve only the specific development project on which the fee, charge, or other form of payment is imposed, (2) the improvement serves 19 or fewer lots or units, and (3) the local agency makes a finding, based upon substantial evidence, that it is infeasible or impractical to form a public entity for maintenance of the improvement or to annex the property served by the improvement to an entity as described in subdivision (b). (b) The improvement is within a water district, sewer maintenance district, street lighting district, or drainage district. In these circumstances, a payment for maintenance or operation may be required for a period not to exceed 24 months when, subsequent to the construction of the improvement, either the local agency forms a public entity or assessment district to finance the maintenance or operation, or the area containing the improvement is annexed to a public entity that will finance the maintenance or operation, whichever is earlier. The local agency may extend a fee, charge, or other form of payment pursuant to this section once for whatever duration it deems reasonable beyond the 24-month period upon making a finding, based upon substantial evidence, that this time period is insufficient for creation of, or annexation to, a public entity or an assessment district that would finance the maintenance or operation. As used in this section, “development project” and “local agency” have the same meaning as provided in subdivisions (a) and (c) of Section 66000. (Added by Stats. 1988, Ch. 1309, Sec. 1.)
65913.9.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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This chapter applies to all cities, including charter cities, counties, and cities and counties.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65913.9. This chapter shall apply to all cities, including charter cities, counties, and cities and counties. The Legislature finds and declares that the development of a sufficient supply of housing to meet the needs of all Californians is a matter of statewide concern. (Added by renumbering Section 65913.4 by Stats. 1982, Ch. 1355, Sec. 2.)
65914.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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Courts may award reasonably incurred costs and attorney’s fees to a prevailing public entity or nonprofit housing corporation in covered housing-development litigation if the stated conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65914. (a) In any civil action or proceeding, including, but not limited to, an action brought pursuant to Section 21167 of the Public Resources Code, against a public entity that has issued planning, subdivision, or other approvals for a housing development, to enjoin the carrying out or approval of a housing development or to secure a writ of mandate relative to the approval of, or a decision to carry out the housing development, the court, after entry of final judgment and the time to appeal has elapsed, and after notice to the plaintiff or plaintiffs, may award all reasonably incurred costs of suit, including attorney’s fees, to the prevailing public entity or nonprofit housing corporation that is the real party in interest and the permit applicant of the low- and moderate-income housing if it finds all of the following: (1) The housing development meets or exceeds the requirements for low- and moderate-income housing as set forth in Section 65915. (2) The action was frivolous and undertaken with the primary purpose of delaying or thwarting the low- or moderate-income nature of the housing development or portions thereof. (3) The public entity or nonprofit housing corporation that is the real party in interest and the permit applicant of the low- and moderate-income housing making application for costs under this section has prevailed on all issues presented by the pleadings and the public entity or nonprofit housing corporation that is the real party in interest and the permit applicant of the low- and moderate-income housing actively, through counsel or otherwise, took part on a continuing basis in the defense of the lawsuit. (4) A demand for a preliminary injunction was made by the plaintiff and denied by a court of competent jurisdiction, or the action or proceeding was dismissed as a result of a motion for summary judgment by any defendant, and the denial or dismissal was not reversed on appeal. (b) In any appeal of any action described in subdivision (a), the reviewing court may award all reasonably incurred costs of suit, including attorney’s fees, to the prevailing public entity or nonprofit housing corporation that is the real party in interest and the permit applicant of the low- and moderate-income housing if the court reviews and upholds the trial court’s findings with respect to paragraphs (1) to (4), inclusive, of subdivision (a). (c) Nothing in this section shall be construed to limit the application of any other remedies or rights provided under law. (Amended by Stats. 2003, Ch. 793, Sec. 4. Effective January 1, 2004.)
65914.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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This section gives prevailing housing-project applicants attorney’s fees and can trigger fines against local agencies, while prohibiting public agencies from requiring applicants to indemnify, defend, or hold them harmless.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65914.2. (a) It is the intent of the Legislature in enacting this section to do both of the following: (1) Establish minimum uniform, transparent, fair, and effective remedies against public agencies that are found by a court of law to have violated housing reform laws. (2) Prevent public agencies from undermining these minimum uniform, transparent, fair, and effective remedies through the imposition of reimbursement and indemnification agreements on applicants for housing development approvals with respect to legal challenges involving the agency’s own alleged violation of housing reform laws. (b) Notwithstanding any other law, and in addition to any other available remedies, in any action brought by the applicant for a housing development project against a public agency to enforce the public agency’s compliance with a housing reform law as applied to the applicant’s housing development project, where the applicant is the prevailing party, the following shall apply: (1) The applicant shall be entitled to reasonable attorney’s fees and costs. (2) (A) In the case of an action against a public agency that is a local agency: (i) (I) If the local agency was advised in writing prior to the commencement of the action by either the Attorney General or the Department of Housing and Community Development that the local agency’s decision, action, or inaction would represent a violation of a specific housing reform law in substantially the same manner as alleged by the applicant in its lawsuit, the court shall, consistent with subclause (II), impose a fine in an amount not less than the minimum fines described in subparagraph (B) of paragraph (1) of subdivision (k) of Section 65589.5, unless the housing development projects consists of four or fewer units, in which case, the court shall impose a fine in an amount not less than fifty thousand dollars ($50,000) per violation. (II) The court shall not impose the fine described in subclause (I) unless, after the Attorney General or Department of Housing and Community Development sends the written communication to the local agency, the applicant provides written notice to the local agency of its intent to commence an action. The notice shall identify the factual elements of the dispute and the legal theory forming the basis for the allegation that the local agency’s decision, action, or inaction violated the housing reform law. The notice shall be provided to the local agency at least 60 days before commencement of the action. (III) For any action commenced or intended to be commenced under this section, any period of limitation for actions under any California law shall be extended for a period of 60 days beginning on the date the applicant provides written notice, pursuant to subclause (II), to the local agency indicating its intent to commence an action. (ii) (I) If a court has previously found that the local agency violated the same housing reform law on which an applicant prevailed in its lawsuit, within the same planning period, the court shall impose a fine in an amount not less than the minimum fines described in clause (i) multiplied by a factor of five. (II) For the purpose of imposing a fine under subclause (I), any subsequent violation of the same housing reform law shall be considered to have occurred within the same planning period if the local agency does not have a housing element considered to be in substantial compliance, as described in Section 65585.03. (B) Notwithstanding Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1, the applicant shall not be required to present a claim to seek the fine described in subparagraph (A). (C) Nothing in this subdivision limits the application of Section 1021.5 of the Code of Civil Procedure or limits the availability of fees to a successful party under that section. (c) (1) A public agency shall not require an applicant for a housing development project to indemnify, defend, or hold harmless the public agency in any manner with respect to an action brought by the applicant, or any other person, alleging that the public agency violated the applicant’s rights or deprived the applicant of the benefits or protections provided by a housing reform law. (2) A requirement, condition of approval, or agreement in violation of paragraph (1) is against public policy and void and unenforceable. (3) This subdivision shall not be construed to derogate any claim that a requirement as described in paragraph (1) is or was unlawful under previously existing law. (d) For purposes of this section: (1) “Housing development project” has the same meaning as provided in paragraph (3) of subdivision (b) of Section 65905.5. (2) “Housing reform law” means any law or regulation, or provision of any law or regulation, that establishes or facilitates rights, safeguards, streamlining benefits, time limitations, or other protections for the benefit of applicants for housing development projects, or restricts, proscribes, prohibits, or otherwise imposes any procedural or substantive limitation on a public agency for the benefit of a housing development project. (3) “Local agency” has the same meaning as used in Section 65930. (4) “Planning period” means the time period between the due date for one housing element and the due date for the next housing element for each revision according to the applicable schedule described in paragraphs (2) and (3) of subdivision (e) of Section 65588. (5) “Public agency” has the same meaning as in Section 65932. (Added by Stats. 2025, Ch. 496, Sec. 1. (AB 712) Effective January 1, 2026.)
65914.200.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2.2. Housing Developments Following the 2025 Los Angeles Wildfires [65914.200 - 65914.203] ( Chapter 4.2.2 added by Stats. 2025, Ch. 548, Sec. 3. )
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This section defines “disaster” for the chapter and says the chapter applies to all cities, including charter cities.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2.2. Housing Developments Following the 2025 Los Angeles Wildfires [65914.200 - 65914.203] ( Chapter 4.2.2 added by Stats. 2025, Ch. 548, Sec. 3. ) ## 65914.200. (a) For purposes of this chapter, “disaster” means a declared disaster or state of emergency, including, but not limited to, any of the following: (1) A state of disaster or emergency declared by the federal government. (2) A state of emergency proclaimed by the Governor pursuant to Section 8625. (3) A local emergency proclaimed by a local governing body or official pursuant to Section 8630. (b) The Legislature finds and declares that this chapter addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities. (Added by Stats. 2025, Ch. 548, Sec. 3. (SB 625) Effective January 1, 2026.)
65914.201.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2.2. Housing Developments Following the 2025 Los Angeles Wildfires [65914.200 - 65914.203] ( Chapter 4.2.2 added by Stats. 2025, Ch. 548, Sec. 3. )
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This section lets qualifying housing development proponents apply for streamlined ministerial approval, limits discretionary permitting, and requires local governments to act on the application within set timeframes.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2.2. Housing Developments Following the 2025 Los Angeles Wildfires [65914.200 - 65914.203] ( Chapter 4.2.2 added by Stats. 2025, Ch. 548, Sec. 3. ) ## 65914.201. (a) A housing development proponent may submit an application for a housing development that is subject to the streamlined, ministerial approval process provided in subdivision (b) and shall not be subject to a conditional use permit or any other discretionary approval if the housing development satisfies all of the following objective standards: (1) The housing development is located on a parcel on which a residential structure was destroyed or damaged in a disaster. (2) (A) (i) The housing development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the housing development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the housing development is submitted to the local government pursuant to this section. (ii) Notwithstanding clause (i), a local agency shall waive any objective zoning standards, objective subdivision standards, and objective design review standards to the extent that they would preclude construction of a proposed housing development that does not exceed 110 percent of the square footage of the residential space that existed on the parcel prior to the disaster. (B) For purposes of this paragraph, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the housing development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following: (i) A housing development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted. (ii) In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a housing development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the housing development is consistent with the standards set forth in the general plan. (iii) It is the intent of the Legislature that the objective zoning standards, objective subdivision standards, and objective design review standards described in this paragraph be adopted or amended in compliance with the requirements of Chapter 905 of the Statutes of 2004. (3) The housing development proponent owned the site on the date of the disaster. (4) The housing development proponent complies with the labor standards described in paragraphs (8) and (9) of subdivision (a) of Section 65913.4. (5) The housing development is not on an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (6) The housing development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (b) (1) Notwithstanding any local law, if a local government’s planning director or equivalent position determines that a housing development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (3) of this subdivision, the local government shall approve the housing development within 90 days of the submittal of the housing development. Upon a determination that a housing development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), the local government staff or relevant local planning and permitting department that made the determination shall provide the housing development proponent written documentation of which standard or standards the housing development conflicts with, and an explanation for the reason or reasons the housing development conflicts with that standard or standards, as follows: (A) Within 60 days of submittal of the housing development to the local government pursuant to this section. (B) Within 30 days of submittal of any housing development proposal that was resubmitted to address written feedback provided by the local government pursuant to this paragraph. (2) If the local government’s planning director or equivalent position fails to provide the required documentation pursuant to paragraph (1), the housing development shall be deemed to satisfy the objective planning standards specified in subdivision (a). (3) For purposes of this section, a housing development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the housing development is consistent with the objective planning standards. (4) Upon submittal of an application for streamlined, ministerial approval pursuant to this section to the local government, all departments of the local government that are required to issue an approval of the housing development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1). (c) If a local government approves an application pursuant to this section, the local government shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect. (Added by Stats. 2025, Ch. 548, Sec. 3. (SB 625) Effective January 1, 2026.)
65914.202.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2.2. Housing Developments Following the 2025 Los Angeles Wildfires [65914.200 - 65914.203] ( Chapter 4.2.2 added by Stats. 2025, Ch. 548, Sec. 3. )
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Local ordinances in the affected disaster area are unenforceable on qualifying residential parcels for three years after the disaster declaration.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2.2. Housing Developments Following the 2025 Los Angeles Wildfires [65914.200 - 65914.203] ( Chapter 4.2.2 added by Stats. 2025, Ch. 548, Sec. 3. ) ## 65914.202. Notwithstanding any other law, any ordinance adopted by local governments that is located within an area impacted by a disaster that precludes the placement and use of a manufactured home, mobilehome, or recreational vehicle on a private lot outside of a mobilehome park or special occupancy park for use during the reconstruction or repair of any home damaged or destroyed in the disaster shall be unenforceable on a residential parcel that had a structure damaged or destroyed by the disaster for a period of three years following the disaster declaration. (Added by Stats. 2025, Ch. 548, Sec. 3. (SB 625) Effective January 1, 2026.)
65914.203.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2.2. Housing Developments Following the 2025 Los Angeles Wildfires [65914.200 - 65914.203] ( Chapter 4.2.2 added by Stats. 2025, Ch. 548, Sec. 3. )
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This chapter provides an optional streamlined, ministerial approval process and does not change other exemptions under Division 13 of the Public Resources Code.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2.2. Housing Developments Following the 2025 Los Angeles Wildfires [65914.200 - 65914.203] ( Chapter 4.2.2 added by Stats. 2025, Ch. 548, Sec. 3. ) ## 65914.203. This chapter offers an optional streamlined, ministerial approval process. This chapter does not affect the availability, applicability, or use of any other exemption from Division 13 (commencing with Section 21000) of the Public Resources Code. (Added by Stats. 2025, Ch. 548, Sec. 3. (SB 625) Effective January 1, 2026.)
65914.4.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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This section extends certain housing entitlement deadlines by 18 months, with exceptions for some prior extensions, and pauses the extension while a legal challenge is pending.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65914.4. (a) Except as provided in subdivision (b), notwithstanding any law, including any inconsistent provision of a local agency’s general plan, ordinances, or regulations, the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement that is within the scope of the timeframes specified in paragraphs (1) and (2) is extended by 18 months. For the purposes of this section, housing entitlements that are extended are entitlements where both of the following apply: (1) It was issued prior to and was in effect on January 1, 2024. (2) It will expire prior to December 31, 2025. The otherwise applicable time for the utilization of a housing entitlement provided by this section includes any requirement to request the issuance of a building permit within a specified period of time. (b) If the state or a local agency extends, on or after January 1, 2024, but before the effective date of the act adding this section, the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months and pursuant to the same conditions provided in subdivision (a), that housing entitlement shall not be extended for an additional 18 months by operation of subdivision (a). (c) For purposes of this section, the following definitions apply: (1) “Housing entitlement” means any of the following: (A) A legislative, adjudicative, administrative, or any other kind of approval, permit, or other entitlement necessary for, or pertaining to, a housing development project issued by a state agency. (B) An approval, permit, or other entitlement issued by a local agency for a housing development project that is subject to Chapter 4.5 (commencing with Section 65920). (C) A ministerial approval, permit, or entitlement by a local agency required as a prerequisite to issuance of a building permit for a housing development project. (D) A requirement to submit an application for a building permit within a specified period of time after the effective date of a housing entitlement described in subparagraph (B) or (C). (E) A tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, has been approved. (F) A vested right associated with an approval, permit, or other entitlement described in subparagraphs (A) to (E), inclusive. (2) For the purposes of this section, a housing entitlement does not include any of the following: (A) A development agreement issued pursuant to Article 2.5 (commencing with Section 65864). (B) An approved or conditionally approved tentative map that is extended for a minimum of 24 months pursuant to Section 66452.6 on or after January 1, 2024. (C) A preliminary application as defined in Section 65941.1. (3) “Housing development project” means a residential development or mixed-use development in which at least two-thirds of the square footage of the development is designated for residential use. Both of the following apply for the purposes of calculating the square footage usage of a development for purposes of this section: (A) The square footage of a development shall include any additional density, floor area, and units, and any other concession, incentive, or waiver of development standards pursuant to Section 65915. (B) The square footage of a development shall not include any underground space, including, but not limited to, a basement or underground parking garage. (4) “Local agency” means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state. (d) The extension granted pursuant to subdivision (a) shall be tolled during any time that the housing entitlement is the subject of a legal challenge. (e) Nothing in this section is intended to preclude a local government from exercising its existing authority to provide an extension to an entitlement identified in this section. (f) The Legislature finds and declares that ensuring planned housing projects can continue without delays due to expiring entitlements is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (Added by Stats. 2024, Ch. 737, Sec. 1. (AB 2729) Effective January 1, 2025.)
65914.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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This section extends certain housing entitlement deadlines by 18 months, subject to stated conditions and exceptions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65914.5. (a) The Legislature finds and declares each of the following: (1) On January 30, 2020, the World Health Organization declared COVID-19 a Public Health Emergency of International Concern, and, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency. (2) On March 4, 2020, California Governor Gavin Newsom proclaimed a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19. (3) According to the United States Bureau of Labor Statistics, the United States economy, as measured by gross domestic product, contracted by 4.8 percent in the first quarter of 2020. (4) In July of 2020, California’s unemployment rate tripled, the largest increase since 1976. (5) It is estimated that California lost 2,000,000 jobs by March 27, 2020. (6) In July of 2020, 3,100,000 Californians filed for unemployment benefits, and California became the first state in the nation to borrow money from the federal government to continue paying out rising claims for unemployment benefits. (7) The Governor has labeled California’s economic crisis a “pandemic-induced recession.” (8) Even before the pandemic-induced recession, California was in the midst of a housing affordability crisis caused fundamentally by a consistent failure to supply enough new housing for Californians of all income levels. (9) According to the League of California Cities, over 90 percent of cities in this state report they are considering cutting or furloughing city staff or decreasing public services, and 72 percent of cities report they may take both actions. In addition, over 70 percent of cities, and 90 percent of the largest cities, report that they expect a significant impact to “core” planning and housing services. (10) The pandemic-induced recession, combined with mandatory social distancing, stringent construction protocols, and anticipated reductions in the capacity of local governments to deliver services to the housing industry, will drastically impact all segments of a complex ecosystem that delivers the essential housing California so desperately needs to combat the ongoing housing crisis. (11) To facilitate and expedite the return of this vital industry, it is necessary to relieve any additional pressure on housing development as a result of the lapse in planning, finance, and construction due to the pandemic-induced recession. An essential component of ensuring the survival of the housing industry is proactively extending the life of the myriad state and local approvals, permits, and other entitlements required to develop and construct housing in California. (12) A uniform statewide entitlement extension measure is necessary to avoid the significant statewide cost and allocation of local government staff resources associated with addressing individual permit extensions on a case-by-case basis. (b) Except as provided in subdivision (c), notwithstanding any law, including any inconsistent provision of a local agency’s general plan, ordinances, or regulations, the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement that is within the scope of the timeframes specified in paragraphs (1) and (2) is extended by 18 months. For the purposes of this section, housing entitlements that are extended are entitlements where both of the following apply: (1) It was issued prior to and was in effect on March 4, 2020; and (2) It will expire prior to December 31, 2021. The otherwise applicable time for the utilization of a housing entitlement provided by this section includes any requirement to request the issuance of a building permit within a specified period of time. (c) If the state or a local agency extends, on or after March 4, 2020, but before the effective date of the act adding this section, the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months and pursuant to the same conditions provided in subdivision (b), that housing entitlement shall not be extended for an additional 18 months by operation of subdivision (b). (d) For purposes of this section, the following terms have the following meanings: (1) “Housing entitlement” means: (A) A legislative, adjudicative, administrative, or any other kind of approval, permit, or other entitlement necessary for, or pertaining to, a housing development project issued by a state agency. (B) An approval, permit, or other entitlement issued by a local agency for a housing development project that is subject to Chapter 4.5 (commencing with Section 65920). (C) A ministerial approval, permit, or entitlement by a local agency required as a prerequisite to issuance of a building permit for a housing development project. (D) A requirement to submit an application for a building permit within a specified period of time after the effective date of a housing entitlement described in subparagraph (B) or (C). (E) A vested right associated with an approval, permit, or other entitlement described in subparagraphs (A) to (D), inclusive. (2) For the purposes of this section, a housing entitlement does not include any of the following: (A) A development agreement issued pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4. (B) An approved or conditionally approved tentative map that is extended for a minimum of 18 months pursuant to Section 66452.6 on or after March 4, 2020. (C) A preliminary application as defined in Section 65941.1. (D) An application for development approved pursuant to Section 65913.4 and any subsequent permit as described in paragraph (2) of subdivision (f) of Section 65913.4. (3) “Housing development project” means any of the following: (A) A tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, has been approved. (B) A residential development. (C) A mixed-use development in which at least two-thirds of the square footage of the development is designated for residential use. Both of the following apply for the purposes of calculating the square footage usage of a development for purposes of this subparagraph: (i) The square footage of a development shall include any additional density, floor area, and units, and any other concession, incentive, or waiver of development standards pursuant to Section 65915. (ii) The square footage of a development shall not include any underground space, including, but not limited to, a basement or underground parking garage. (4) “Local agency” means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state. (e) The extension granted pursuant to subdivision (b) shall be tolled during any time that the housing entitlement is the subject of a legal challenge. (f) Nothing in this section is intended to preclude a local government from exercising its existing authority to provide an extension to an entitlement identified in this section. (g) The Legislature finds and declares that for reasons described in subdivision (a), this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (Added by Stats. 2020, Ch. 195, Sec. 3. (AB 1561) Effective January 1, 2021.)
65914.7.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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A qualifying housing development on local educational agency land is allowed only if it meets size, affordability, rental-order, density, height, zoning, boundary, and infrastructure conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65914.7. (a) Notwithstanding any law, a housing development project shall be deemed an allowable use on any real property owned by a local educational agency if the housing development satisfies all of the following: (1) The housing development consists of at least 10 housing units. (2) The housing development shall have a recorded deed restriction that ensures, for a period of at least 55 years, that either of the following occurs: (A) At least 30 percent of the total units of the housing development shall be set at a rent affordable to lower income households, and at least 20 percent of the housing development shall be set at a rent affordable to moderate-income households. (B) At least 12 percent of the total units of the housing development shall be set at a rent affordable to very low income households, at least 15 percent of the housing development shall be set at a rent affordable to lower income households, and at least 20 percent of the housing development shall be set at a rent affordable to moderate-income households. (3) One hundred percent of the units of the housing development shall be rented by local educational agency employees, local public employees, and general members of the public pursuant to the following procedures: (A) A local educational agency shall first offer the units to the agency’s local educational agency employees. (B) If the local educational agency receives an insufficient number of applications pursuant to subparagraph (A) to occupy the units, the unoccupied units may be offered to employees of other local educational agencies. (C) If the local educational agency receives an insufficient number of applications pursuant to subparagraphs (A) and (B) to occupy the units, the unoccupied units may be offered to public employees who work for a local agency within the jurisdiction of the local educational agency. (D) If the local agency receives an insufficient number of applications pursuant to subparagraphs (A), (B), and (C) to occupy the units, the unoccupied units may be offered to general members of the public. (E) When units in the housing development become unoccupied and available for rent, a local educational agency shall offer the units pursuant to the sequence described in subparagraphs (A) to (D), inclusive. (4) The allowable residential density for the housing development, as measured on the development footprint, shall be the greater of the following: (A) The residential density allowed on the parcel by the city or county, as applicable. (B) Twice the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction, as specified in paragraph (3) of subdivision (c) of Section 65583.2. (5) The height limit for the housing development shall be the following: (A) For a site that is either surrounded by single-family zoning or is not within one-half mile of a major transit stop, the greater of the following: (i) The height limit allowed on the parcel by the city or county, as applicable. (ii) Thirty-five feet. (B) For a site that is not within a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, is not surrounded by single-family zoning, and is within one-half mile of a major transit stop, the greater of the following: (i) The height limit allowed on the parcel by the city or county, as applicable. (ii) Forty-five feet. (C) For a site that is within a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, is not surrounded by single-family zoning, and is within one-half mile of a major transit stop, the greater of the following: (i) The height limit allowed on the parcel by the city or county, as applicable. (ii) Sixty-five feet. (6) (A) (i) The housing development shall satisfy other local objective zoning standards, objective subdivision standards, and objective design review standards that apply for the zone in the city, county, or city and county closest in proximity to the project that allows multifamily residential use at the residential density proposed by the project. (ii) If no zone exists that allows the residential density proposed by the project, the applicable objective zoning standards, objective subdivision standards, and objective design review standards shall be those for the zone that allow the greatest density within the city, county, or city and county. (B) Notwithstanding subparagraph (A), a local agency shall not apply any individual or combination of objective zoning standards, objective subdivision standards, and objective design review standards to the project that preclude the development from being built at the density proposed by the project. (C) For purposes of this section, the terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city or county, as applicable, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (D) Nothing in this paragraph shall be construed as exempting a proposed project that falls under this section from the requirements of paragraph (4). (7) The property is located entirely within any applicable urban limit line or urban growth boundary established by local ordinance. (8) The housing development complies with all infrastructure-related requirements, including impact fees that are existing or pending at the time the application is submitted, imposed by a city or county or a special district that provides service to the parcel. (b) (1) Notwithstanding any local law, a housing development that meets the requirements of this section shall be deemed consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. (2) A housing development proposed pursuant to this section shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915. (c) The local educational agency shall maintain ownership of a housing development that meets the requirements of this section for the length of the 55-year affordability requirement described in paragraph (2) of subdivision (a). (d) Subject to the requirements of Article 8 (commencing with Section 17515) and Article 9 (commencing with Section 17527) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, any land used for the development of a housing development that meets the requirements of this section may be jointly used or jointly occupied by the local educational agency and any other party. (e) Any land used for the development of a housing development that meets the requirements of this section shall be exempt from the requirements of all of the following: (1) Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5. (2) Article 2 (commencing with Section 17230) of Chapter 1 of Part 10.5 of Division 1 of Title 1 of the Education Code. (3) Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code. (f) For purposes of this section, the following definitions shall apply: (1) “Affordable rent” means an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (2) “Development footprint” means the portion of the property that is developed for the housing development, inclusive of parking and roadways developed internal to the site to serve the housing development, and other aboveground improvements developed to serve the housing development. (3) “Housing development project” has the same meaning as in paragraph (2) of subdivision (h) of Section 65589.5. (4) “Local agency” means a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof. (5) “Local educational agency” means a school district or county office of education. (6) “Local educational agency employee” has the same meaning as “teacher or school district employee,” as defined in subdivision (c) of Section 53572 of the Health and Safety Code. (7) “Local public employee” has the same meaning as defined in subdivision (b) of Section 53572 of the Health and Safety Code. (8) “Lower income households” has the same meaning as in Section 50079.5 of the Health and Safety Code. (9) “Major transit stop” means the same as the definition in subdivision (b) of Section 21155 of the Public Resources Code. (10) “Moderate-income households” has the same meaning as in Section 50093 of the Health and Safety Code. (11) “Real property owned by a local educational agency” means real property owned by a local education agency as of January 1, 2026. (12) “Total units” has the same meaning as in paragraph (9) of subdivision (o) of Section 65915. (13) “Very low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code. (g) The local government’s review of a housing development pursuant to this section to determine whether the development complies with objective development standards, including objective design review standards, shall be conducted consistent with the requirements of Section 65589.5. (h) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. (Amended by Stats. 2025, Ch. 503, Sec. 2. (AB 1021) Effective January 1, 2026. Repealed as of January 1, 2036, by its own provisions.)
65914.8.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. )
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A local agency may reserve up to 10% of required affordable housing units for artists, but only if specific location and ordinance conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2. Housing Development Approvals [65913 - 65914.8] ( Chapter 4.2 added by Stats. 1980, Ch. 1152. ) ## 65914.8. (a) If a local agency requires, as a condition of approval of the development of residential units, that a certain percentage of the units of the development be affordable housing, the local agency may reserve for artists up to 10 percent of those required affordable housing units if all of the following conditions are satisfied: (1) The units reserved are located within or within one-half mile from a state-designated cultural district certified pursuant to Chapter 9.2 (commencing with Section 8758) of Division 1 of Title 2 or within any similar locally designated cultural district. (2) The local agency adopts an ordinance for this purpose that does all of the following: (A) It is consistent with the Local Tenant Preferences to Prevent Displacement Act (Chapter 12.76 (commencing with Section 7061) of Division 7 of Title 1). (B) It prohibits an existing tenant from being evicted in favor of an artist. (C) It contains a fair and comprehensive vetting process that includes, but is not limited to, initial and annual income verification consistent with applicable affordable housing laws and artist status verification. (b) If an insufficient number of artists apply for and occupy the units, the unoccupied units may be offered to general members of the public. (c) For purposes of this section, the following definitions apply: (1) “Affordable housing” means units dedicated to moderate-income, lower income, very low income, or extremely low income households, as defined in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code. (2) “Artist” means the creator of any work of visual, graphic, or performing art of any media, including, but not limited to, a painting, print, drawing, sculpture, craft, photograph, film, or performance. (3) “Local agency” means a city, county, or city and county. (Added by Stats. 2023, Ch. 747, Sec. 1. (AB 812) Effective January 1, 2024.)
65914.900.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2.5. Other Development Approvals [65914.900- 65914.900.] ( Chapter 4.2.5 added by Stats. 2024, Ch. 820, Sec. 1. )
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This section requires local agencies to review qualifying development applications administratively and decide them within set deadlines.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.2.5. Other Development Approvals [65914.900- 65914.900.] ( Chapter 4.2.5 added by Stats. 2024, Ch. 820, Sec. 1. ) ## 65914.900. (a) Notwithstanding any law affecting local permitting, a development shall be a permitted use and a local agency shall review an application for the development on an administrative, nondiscretionary basis if it meets all of the following objective planning standards: (1) The development is on a parcel that is within a zone where office, retail, health care, or parking are a principally permitted use. (2) The development is for a community clinic licensed pursuant to Section 1204 of the Health and Safety Code that provides reproductive health services as defined in subdivision (f) of Section 423.1 of the Penal Code. (3) (A) The development complies with the applicable minimum construction standards of adequacy and safety for the physical plant of primary care clinics found in the latest edition of the California Building Standards Code, as described in subdivision (b) of Section 1226 of the Health and Safety Code. (B) A primary care clinic may establish compliance with the minimum construction standards of adequacy and safety for the physical plant described in subdivision (b) of Section 1226 of the Health and Safety Code by submitting a written certification, as described in Section 5536.26 of the Business and Professions Code, from a licensed architect or a written statement from a local building department that the development is in compliance with these standards. (4) The development meets all of the local agency’s objective design review standards. (5) The development would not require the demolition of a historic structure that was placed on a national, state, or local historic register. (6) The development is not located on a site described in paragraph (6) of subdivision (a) of Section 65913.4. (7) The project is not likely to result in adverse impacts to tribal cultural resources, as defined in subdivision (a) of Section 21074 of the Public Resources Code. (8) The development would not require the demolition of housing. (b) In determining whether a development submitted pursuant to this section is consistent with the objective standards specified in subdivision (a), the development shall be subject only to the plans, ordinances, policies, regulations, and standards adopted and in effect when the application is submitted. (c) A local agency that receives an application submitted pursuant to this section shall approve or deny the application within 60 days of submission of the application, subject to all of the following: (1) If the local agency determines that the development is in conflict with any of the objective planning standards specified in subdivision (a), then all of the following apply: (A) The local agency shall provide the development proponent written documentation of the standard or standards with which the development conflicts, and an explanation for the reason or reasons the development conflicts with that standard or standards. (B) The development proponent may submit materials to the local agency to address and resolve the conflict identified pursuant to subparagraph (A). (C) Within 60 calendar days after the local agency has received the materials submitted pursuant to subparagraph (B), the local agency shall determine whether the development as supplemented or amended is consistent with the objective planning standards specified in subdivision (a). (2) (A) If the local agency denies the application, the local agency shall provide a process for the development proponent to appeal that decision in writing to the governing body of the local agency. (B) The local agency shall provide final written determination on the appeal no later than 60 calendar days after receipt of the development proponent’s written appeal. (3) Nothing in this subdivision precludes a development proponent and a local agency from mutually agreeing to an extension of any time limit provided by this subdivision. (d) Notwithstanding any other law, approval of a development that is eligible for approval pursuant to the streamlined, ministerial process set forth by this section shall not be considered a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (e) (1) The development proponent may bring an action to enforce this section. The court shall grant a prevailing plaintiff under this paragraph reasonable attorney’s fees and costs, except the court shall not award reasonable attorney’s fees if the court finds, under extraordinary circumstances, that awarding reasonable attorney’s fees would not further the purposes of this section. (2) (A) The Attorney General shall have the unconditional right to bring an enforcement action against a local agency that is in violation of this section. (B) In any suit brought to enforce this section, the Attorney General shall have the unconditional right to intervene under subparagraph (A) of paragraph (1) of subdivision (d) of Section 387 of the Code of Civil Procedure. (f) For purposes of this section, the following definitions apply: (1) “Development” includes the construction, change or modification in construction or building services equipment, or the reconstruction or renewal of any part of an existing building, structure, or building service equipment for the purpose of operating a community clinic licensed pursuant to Section 1204 of the Health and Safety Code that provides reproductive health services as defined in subdivision (f) of Section 423.1 of the Penal Code. (2) “Development proponent” means an applicant who submits an application to a local agency for a development under this section. (3) “Local agency” means a city, including a charter city, a county, or a city and county, including a charter city and county. (4) “Objective design review standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development proponent and the public official before submission. (Added by Stats. 2024, Ch. 820, Sec. 1. (AB 2085) Effective January 1, 2025.)
65915.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. )
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Local governments must follow this section for qualifying density bonus housing projects, adopt an implementing ordinance, and grant required bonuses and related relief when the statutory conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. ) ## 65915. (a) (1) When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall comply with this section. A city, county, or city and county shall adopt an ordinance that specifies how compliance with this section will be implemented. Except as otherwise provided in subdivision (s), failure to adopt an ordinance shall not relieve a city, county, or city and county from complying with this section. (2) A local government shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section. This subdivision does not prohibit a local government from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, as described in subdivision (b), and parking ratios, as described in subdivision (p). (3) In order to provide for the expeditious processing of a density bonus application, the local government shall do all of the following: (A) Adopt procedures and timelines for processing a density bonus application. (B) Provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete. This list shall be consistent with this chapter. (C) Notify the applicant for a density bonus whether the application is complete in a manner consistent with the timelines specified in Section 65943. (D) (i) If the local government notifies the applicant that the application is deemed complete pursuant to subparagraph (C), provide the applicant with a determination as to the following matters: (I) The amount of density bonus, calculated pursuant to subdivision (f), for which the applicant is eligible. (II) If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible. (III) If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the applicant has provided adequate information for the local government to make a determination as to those incentives, concessions, waivers, or reductions of development standards. (ii) Any determination required by this subparagraph shall be based on the development project at the time the application is deemed complete. The local government shall adjust the amount of density bonus and parking ratios awarded pursuant to this section based on any changes to the project during the course of development. (b) (1) A city, county, or city and county shall grant one density bonus, the amount of which shall be as specified in subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p), if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following: (A) Ten percent of the total units of a housing development, including a shared housing building development, for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code. (B) Five percent of the total units of a housing development, including a shared housing building development, for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code. (C) A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subparagraph, “development” includes a shared housing building development and a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code. (D) Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase. (E) Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph are subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units. (F) (i) Twenty percent of the total units for lower income students in a student housing development that meets the following requirements: (I) All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled currently or in the past six months in at least six units at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has done any one of the following: (ia) Entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are insufficient students enrolled in an institution of higher education to fill all units in the student housing development. (ib) Established a system for confirming its renters’ status as students to ensure that all units of the student housing development are occupied with students from an institution of higher education. (II) The applicable units in the student housing development for lower income students shall be used for and occupied by lower income students. (III) The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type. (IV) The development shall provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause. (V) The student housing development is not located on a site that pursuant to paragraph (3) of subdivision (c) would require replacement units for projects with greater than a 35-percent density bonus. (ii) For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph are subject to a recorded affordability restriction of 55 years, which shall not tie any rental bed reserved for lower income students to a specific bedroom. Notwithstanding any other law, an affordability restriction provision, state or county law or policy, or property management policy shall not prevent a lower income student from sharing a room or unit with a nonlower income student. Any attempted waiver of the requirements of this clause is void as against public policy. (G) One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For purposes of this subparagraph, “development” includes a shared housing building development. (2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f), an applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1). (c) (1) (A) An applicant shall agree to, and the city, county, or city and county shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. (B) (i) Except as otherwise provided in clause (ii), rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (ii) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), rents for all units in the development, including both base density and density bonus units, shall be as follows: (I) The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (II) The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee. (2) (A) An applicant shall agree to ensure, and the city, county, or city and county shall ensure, that a for-sale unit that qualified the applicant for the award of the density bonus meets one of the following conditions: (i) The unit is initially sold to and occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement. (ii) If the unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is purchased by a qualified nonprofit housing corporation that meets all of the following requirements pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code: (I) The nonprofit corporation has a determination letter from the Internal Revenue Service affirming its tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code and is not a private foundation as that term is defined in Section 509 of the Internal Revenue Code. (II) The nonprofit corporation is based in California. (III) All of the board members of the nonprofit corporation have their primary residence in California. (IV) The primary activity of the nonprofit corporation is the development and preservation of affordable home ownership housing in California that incorporates within their contracts for initial purchase a repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser pursuant to an equity sharing agreement or affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety Code. (B) For purposes of this paragraph, a “qualified nonprofit housing corporation” is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. (C) The local government shall enforce an equity sharing agreement required pursuant to clause (i) or (ii) of subparagraph (A), unless it is in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement: (i) Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation. (ii) Except as provided in clause (v), the local government shall recapture any initial subsidy, as defined in clause (iii), and its proportionate share of appreciation, as defined in clause (iv), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership. (iii) For purposes of this subdivision, the local government’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (iv) For purposes of this subdivision, the local government’s proportionate share of appreciation shall be equal to the ratio of the local government’s initial subsidy to the fair market value of the home at the time of initial sale. (v) If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to clause (ii) of subparagraph (A) the local government may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote home ownership for lower income households as defined by Section 50079.5 of the Health and Safety Code within the jurisdiction of the local government. (3) (A) Except as provided in subclause (V) of clause (i) of subparagraph (F) of paragraph (1) of subdivision (b), an applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are located or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower 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 lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies: (i) The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision (b). (ii) Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household. (B) For the purposes of this paragraph, “replace” shall mean either of the following: (i) If any dwelling units described in subparagraph (A) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subparagraph (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii) If all dwelling units described in subparagraph (A) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (C) Notwithstanding subparagraph (B), for any dwelling unit described in subparagraph (A) that is or was, within the five-year period preceding the application, subject to a form of rent or price control through a local government’s valid exercise of its police power and that is or was occupied by persons or families above lower income, the city, county, or city and county may do either of the following: (i) Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii) Require that the units be replaced in compliance with the jurisdiction’s rent or price control ordinance, provided that each unit described in subparagraph (A) is replaced. Unless otherwise required by the jurisdiction’s rent or price control ordinance, these units shall not be subject to a recorded affordability restriction. (D) For purposes of this paragraph, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced. (E) Subparagraph (A) does not apply to an applicant seeking a density bonus for a proposed housing development if the applicant’s application was submitted to, or processed by, a city, county, or city and county before January 1, 2015. (d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city and county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of any of the following: (A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. (C) The concession or incentive would be contrary to state or federal law. (2) The applicant shall receive the following number of incentives or concessions: (A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale. (B) Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale. (C) Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale. (D) Five incentives or concessions for a project meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. (E) One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development. If a project includes at least 23 percent of the total units for lower income students in a student housing project, the applicant shall instead receive two incentives or concessions. (F) Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a development in which the units are for sale. (3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section. (4) The city, county, or city and county shall bear the burden of proof for the denial of a requested concession or incentive. (e) (1) In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law. (2) A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). (3) A housing development that receives a waiver from any maximum controls on density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f) shall only be eligible for a waiver or reduction of development standards as provided in subparagraph (D) of paragraph (2) of subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f), unless the city, county, or city and county agrees to additional waivers or reductions of development standards. (f) For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable gross residential density, as of the date of application by the applicant to the city, county, or city and county, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b). (1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Low-Income UnitsPercentage Density Bonus1020 1121.51223 1324.51426 1527.516291730.51832 1933.52035 2138.752242.52346.252450(2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Very Low Income UnitsPercentage Density Bonus520 622.5725 827.5930 1032.51135 1238.751342.51446.251550(3) (A) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of senior housing units. (B) For housing developments meeting the criteria of subparagraph (E) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subparagraph. (C) For housing developments meeting the criteria of subparagraph (F) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Very Low Income UnitsPercentage Density Bonus2035 2138.752242.5 2346.252450 (D) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), the following shall apply: (i) Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80 percent of the number of units for lower income households. (ii) If the housing development is located within one-half mile of a major transit stop, the city, county, or city and county shall not impose any maximum controls on density. (iii) If the housing development is located in a very low vehicle travel area within a designated county, the city, county, or city and county shall not impose any maximum controls on density. (4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Moderate-Income UnitsPercentage Density Bonus105116127138149151016111712181319142015211622172318241925202621272228232924302531263227332834293530363137323833393440354138.754242.54346.254450(5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. (g) (1) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to a city, county, or city and county in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development, as follows: Percentage Very Low IncomePercentage Density Bonus101511161217131814191520162117221823192420252126222723282429253026312732283329343035(2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met: (A) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (B) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. (C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure. (D) The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer. (E) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of the transfer. (F) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (G) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. (H) A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. (h) (1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following: (A) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (2) The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur: (A) The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c). (B) Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b). (3) Notwithstanding any requirement of this subdivision, a city, county, or city and county shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities. (4) “Childcare facility,” as used in this section, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and schoolage childcare centers. (i) “Housing development,” as used in this section, means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. (j) (1) The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, “study” does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k). This provision is declaratory of existing law. (2) Except as provided in subdivisions (d) and (e), the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards. (k) For the purposes of this chapter, concession or incentive means any of the following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (2) Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (l) (1) (A) A concession or incentive shall not result in a proposed project with a commercial floor area ratio that is greater than two and a half times the premises’ current allowed base zone commercial floor area ratio. (B) This paragraph shall not apply to proposed projects that have submitted a preliminary application or an entitlement application prior to January 1, 2026. (2) Subdivisions (e) and (k) do not require a city, county, or city and county to approve, to grant a concession or incentive requiring approval of, or to waive or reduce development standards otherwise applicable to, a hotel, motel, bed and breakfast inn, or other transient lodging, other than a residential hotel, as defined in Section 50519 of the Health and Safety Code, as part of a housing development subject to this section. For purposes of this paragraph, “other transient lodging” does not include a resident’s use or marketing of their unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, subsequent to the issuance of a certificate of occupancy in a manner otherwise consistent with local law. (3) Subdivision (k) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements. (m) This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code. (n) If permitted by local ordinance, nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. (o) For purposes of this section, the following definitions shall apply: (1) “Designated county” includes the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura, and the City and County of San Francisco. (2) “Development standard” includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation that is adopted by the local government or that is enacted by the local government’s electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government. (3) “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop. (4) “Lower income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the Student Aid Commission, or the federal government. (5) “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code. (6) “Maximum allowable residential density” or “base density” means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units by: (A) Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open-space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards. (B) Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study. (7) (A) (i) “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. (ii) A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units. (B) (i) “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. (ii) “Shared housing unit” for purposes of a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, includes a unit without an individual kitchen where a unit may be shared by unrelated persons, and a unit where a room that may be shared by unrelated persons meets the “minimum room area” requirements of clause (i). (8) “Student housing development” means a development that contains bedrooms containing two or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen. (9) (A) “Total units” or “total dwelling units” means a calculation of the number of units that: (i) Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. (ii) Includes a unit designated to satisfy an inclusionary zoning requirement of a city, county, or city and county. (B) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities. (10) “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization. (p) (1) Except as provided in paragraphs (2), (3), and (4), upon the request of the developer, a city, county, or city and county shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of subdivisions (b) and (c), that exceeds the following ratios: (A) Zero to one bedroom: one onsite parking space. (B) Two to three bedrooms: one and one-half onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. (D) One bedspace in a student housing development: zero parking spaces. (2) (A) Notwithstanding paragraph (1), if a development includes at least 20 percent low-income units for housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b) or at least 11 percent very low income units for housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit. Notwithstanding paragraph (1), if a development includes at least 40 percent moderate-income units for housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom. (B) For purposes of this subdivision, “unobstructed access to the major transit stop” means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit. (3) Notwithstanding paragraph (1), if a development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b), then, upon the request of the developer, a city, county, or city and county shall not impose vehicular parking standards if the development meets any of the following criteria: (A) The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. (B) The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (C) The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (4) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking. (5) This subdivision shall apply to a development that meets the requirements of subdivisions (b) and (c), but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision (d). (6) This subdivision does not preclude a city, county, or city and county from reducing or eliminating a parking requirement for development projects of any type in any location. (7) Notwithstanding paragraphs (2) and (3), if a city, county, city and county, or an independent consultant has conducted an areawide or jurisdictionwide parking study in the last seven years, then the city, county, or city and county may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The city, county, or city and county shall pay the costs of any new study. The city, county, or city and county shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio. (8) A request pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). (q) Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law. (r) This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units. (s) Notwithstanding any other law, if a city, including a charter city, county, or city and county has adopted an ordinance or a housing program, or both an ordinance and a housing program, that incentivizes the development of affordable housing that allows for density bonuses that exceed the density bonuses required by the version of this section effective through December 31, 2020, that city, county, or city and county is not required to amend or otherwise update its ordinance or corresponding affordable housing incentive program to comply with the amendments made to this section by the act adding this subdivision, and is exempt from complying with the incentive and concession calculation amendments made to this section by the act adding this subdivision as set forth in subdivision (d), particularly subparagraphs (B) and (C) of paragraph (2) of that subdivision, and the amendments made to the density tables under subdivision (f). (t) When an applicant proposes to construct a housing development that conforms to the requirements of subparagraph (A) or (B) of paragraph (1) of subdivision (b) that is a shared housing building, the city, county, or city and county shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with paragraph (7) of subdivision (o). (u) (1) The Legislature finds and declares that the intent behind the Density Bonus Law is to allow public entities to reduce or even eliminate subsidies for a particular project by allowing a developer to include more total units in a project than would otherwise be allowed by the local zoning ordinance in exchange for affordable units. It further reaffirms that the intent is to cover at least some of the financing gap of affordable housing with regulatory incentives, rather than additional public subsidy. (2) It is therefore the intent of the Legislature to make modifications to the Density Bonus Law by the act adding this subdivision to further incentivize the construction of very low, low-, and moderate-income housing units. It is further the intent of the Legislature in making these modifications to the Density Bonus Law to ensure that any additional benefits conferred upon a developer are balanced with the receipt of a public benefit in the form of adequate levels of affordable housing. The Legislature further intends that these modifications will ensure that the Density Bonus Law creates incentives for the construction of more housing across all areas of the state. (v) (1) Provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, a city, county, or city and county shall grant an additional density bonus calculated pursuant to paragraph (2) when an applicant proposes to construct a housing development that conforms to the requirements of paragraph (1) of subdivision (b), agrees to include additional rental or for-sale units affordable to very low income households or moderate-income households, and meets any of the following requirements: (A) The housing development conforms to the requirements of subparagraph (A) of paragraph (1) of subdivision (b) and provides 24 percent of the total units to lower income households. (B) The housing development conforms to the requirements of subparagraph (B) of paragraph (1) of subdivision (b) and provides 15 percent of the total units to very low income households. (C) The housing development conforms to the requirements of subparagraph (D) of paragraph (1) of subdivision (b) and provides 44 percent of the total units to moderate-income households. (2) A city, county, or city and county shall grant an additional density bonus for a housing development that meets the requirements of paragraph (1), calculated as follows: Percentage Very Low Income UnitsPercentage Density Bonus520623.75727.5831.259351038.75 Percentage Moderate-Income UnitsPercentage Density Bonus520622.5725827.59301032.511351238.751342.51446.251550 (3) The increase required by paragraphs (1) and (2) shall be in addition to any increase in density granted by subdivision (b). (4) The additional density bonus required under this subdivision shall be calculated using the number of units excluding any density bonus awarded by this section. (Amended by Stats. 2025, Ch. 486, Sec. 1.5. (AB 87) Effective January 1, 2026.)
65915.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. )
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Affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, must not be imposed on a housing development’s affordable units.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. ) ## 65915.1. For purposes of Section 65915, affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, shall not be imposed on a housing development’s affordable units. (Added by Stats. 2021, Ch. 346, Sec. 1. (AB 571) Effective January 1, 2022.)
65915.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. )
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Local governments may require affordability periods longer than 55 years for certain density-bonus units if local ordinance conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. ) ## 65915.2. If permitted by local ordinance, nothing in Section 65915 shall be construed to prohibit a city, county, or city and county from requiring an affordability period longer than 55 years for any units that qualified the applicant for the award of the density bonus developed in compliance with a local ordinance that requires, as a condition of the development of residential units, that the development include a certain percentage of units that are affordable to, and occupied by, low-income, lower income, very low income, or extremely low income households and that will be financed without low-income housing tax credits. (Added by Stats. 2021, Ch. 348, Sec. 1. (AB 634) Effective January 1, 2022.)
65915.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. )
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This section limits when a city, county, or city and county may charge a recurring monitoring fee on a housing development, and it removes the fee in some cases starting January 1, 2025.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. ) ## 65915.3. (a) As used in this section, the following terms have the following meanings: (1) “Housing development” has the same meaning as defined in subdivision (i) of Section 65915. (2) “Monitoring fee” means a fee charged by a city, county, or city and county on a recurring basis to oversee and ensure the continued affordability of a housing development pursuant to either of the following: (A) Section 65915. (B) Any applicable local inclusionary housing ordinance. (b) Except as provided in subdivision (d), a city, county, or city and county shall not charge a monitoring fee on a housing development if all of the following conditions are met: (1) The housing development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915. (2) The applicant received a density bonus pursuant to Section 65915 for the housing development. (3) The housing development is subject to a recorded regulatory agreement with the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development that requires compliance with subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915. (4) Prior to receiving a building permit, the applicant provides to the local government a fully executed Tax Credit Reservation Letter indicating that the applicant accepted the award. (5) The applicant provides to the local government a copy of a recorded regulatory agreement with the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development. (6) The applicant agreed to provide to the local government the compliance monitoring document required pursuant to the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development regulations. (c) Beginning on January 1, 2025, a housing development that is currently placed in service, is subject to a monitoring fee, and meets the requirements of subdivision (b) shall no longer be subject to that fee. (d) Notwithstanding subdivisions (b) and (c), a city, county, or city and county may charge a monitoring fee on a housing development that meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915 if any of the following conditions are met: (1) The applicant utilizes a local incentive program that results in the development of units with deeper affordability, including a higher number of affordable units than what is monitored for by the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development. (2) The applicant uses a local incentive program that results in the development of units that are affordable to and occupied by moderate income households. (3) The applicant accepts a local funding source that results in the development of units with different affordability, measured through higher or lower area median income or through higher or lower rents, than what is monitored for by the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development. (4) The applicant accepts funding from a regional, state, or federal agency other than the California Tax Credit Allocation Committee, the California Debt Limit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development that requires local monitoring activities that would not otherwise be conducted by the California Tax Credit Allocation Committee, the Department of Housing and Community Development, or the public agency issuing the funding. (e) A city, county, or city and county that is not collecting a monitoring fee pursuant to this section shall not have any obligation to monitor a housing development for compliance with Section 65915. (Amended by Stats. 2025, Ch. 67, Sec. 108. (AB 1170) Effective January 1, 2026.)
65915.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. )
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For certain apartment-to-condominium conversions, a city, county, or city and county must grant a density bonus or equivalent incentives if the applicant provides specified affordable housing shares and pays necessary administrative costs.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. ) ## 65915.5. (a) When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or 15 percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by a city, county, or city and county pursuant to this section, the city, county, or city and county shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. A city, county, or city and county may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. (b) For purposes of this section, “density bonus” means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. (c) For purposes of this section, “other incentives of equivalent financial value” shall not be construed to require a city, county, or city and county to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city, county, or city and county might otherwise apply as conditions of conversion approval. (d) An applicant for approval to convert apartments to a condominium project may submit to a city, county, or city and county a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city, county, or city and county shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The city, county, or city and county shall establish procedures for carrying out this section, which shall include legislative body approval of the means of compliance with this section. (e) Nothing in this section shall be construed to require a city, county, or city and county to approve a proposal to convert apartments to condominiums. (f) An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Section 65915. (g) An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower 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 lower or very low income households, unless the proposed condominium project replaces those units, as defined in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65915, and either of the following applies: (1) The proposed condominium project, inclusive of the units replaced pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 65915, contains affordable units at the percentages set forth in subdivision (a). (2) Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household. (h) Subdivision (g) does not apply to an applicant seeking a density bonus for a proposed housing development if their application was submitted to, or processed by, a city, county, or city and county before January 1, 2015. (Amended by Stats. 2014, Ch. 682, Sec. 2. (AB 2222) Effective January 1, 2015.)
65915.7.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. )
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Local governments must grant a development bonus for qualifying commercial developments tied to partnered affordable housing, and the developer must meet the housing-share requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. ) ## 65915.7. (a) When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in subdivision (c) to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city, county, or city and county shall grant to the commercial developer a development bonus as prescribed in subdivision (b). Housing shall be constructed on the site of the commercial development or on a site that is all of the following: (1) Within the boundaries of the local government. (2) In close proximity to public amenities including schools and employment centers. (3) Located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code. (b) The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the jurisdiction, that may include, but are not limited to, any of the following: (1) Up to a 20-percent increase in maximum allowable intensity in the General Plan. (2) Up to a 20-percent increase in maximum allowable floor area ratio. (3) Up to a 20-percent increase in maximum height requirements. (4) Up to a 20-percent reduction in minimum parking requirements. (5) Use of a limited-use/limited-application elevator for upper floor accessibility. (6) An exception to a zoning ordinance or other land use regulation. (c) For purposes of this section, the agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the city, county, or city and county. (d) For purposes of this section, affordable housing may be contributed by the commercial developer in one of the following manners: (1) The commercial developer may directly build the units. (2) The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing. (3) The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project. (e) For purposes of this section, subparagraph (A) of paragraph (3) of subdivision (c) of Section 65915 shall apply. (f) Nothing in this section shall preclude any additional allowances or incentives offered to developers by local governments pursuant to law or regulation. (g) If the developer of the affordable units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in subdivision (c), the local government may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units. (h) In order to qualify for a development bonus under this section, a commercial developer shall partner with a housing developer that provides at least 30 percent of the total units for low-income households or at least 15 percent of the total units for very low-income households. (i) Nothing in this section shall preclude an affordable housing developer from seeking a density bonus, concessions or incentives, waivers or reductions of development standards, or parking ratios under Section 65915. (j) A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing. (k) A city or county shall submit to the Department of Housing and Community Development, as part of the annual report required by Section 65400, information describing a commercial development bonus approved pursuant to this section, including the terms of the agreements between the commercial developer and the affordable housing developer, and the developers and the local jurisdiction, and the number of affordable units constructed as part of the agreements. (l) For purposes of this section, “partner” means formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial development applicant and the affordable housing developer are each partners, members, shareholders or other participants, or a contract or agreement between a commercial development applicant and affordable housing developer for the development of both the commercial and the affordable housing properties. (m) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2022, Ch. 637, Sec. 1. (AB 1551) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)
65916.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. )
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If a housing development gets direct financial support under Section 65915, the city, county, or city and county must keep the low- and moderate-income units available for 30 years.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. ) ## 65916. Where there is a direct financial contribution to a housing development pursuant to Section 65915 through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city, county, or city and county shall assure continued availability for low- and moderate-income units for 30 years. When appropriate, the agreement provided for in Section 65915 shall specify the mechanisms and procedures necessary to carry out this section. (Added by Stats. 1979, Ch. 1207.)
65917.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. )
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A locality may not offer a density bonus or other incentive that would undermine this chapter’s intent unless there is a developer agreement under Section 65915.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. ) ## 65917. In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments. In the absence of an agreement by a developer in accordance with Section 65915, a locality shall not offer a density bonus or any other incentive that would undermine the intent of this chapter. (Amended by Stats. 2001, Ch. 115, Sec. 14. Effective January 1, 2002.)
65917.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. )
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This section defines “eligible housing development” and “floor area ratio” terms, lets local legislative bodies create an ordinance-based floor area ratio bonus, and limits parking requirements for eligible housing developments.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. ) ## 65917.2. (a) As used in this section, the following terms shall have the following meanings: (1) “Eligible housing development” means a development that satisfies all of the following criteria: (A) The development is a multifamily housing development that contains five or more residential units, exclusive of any other floor area ratio bonus or incentive or concession awarded pursuant to this chapter. (B) The development is located within one of the following: (i) An urban infill site that is within a transit priority area. (ii) One-half mile of a major transit stop. (C) The site of the development is zoned to allow residential use or mixed-use with a minimum planned density of at least 20 dwelling units per acre and does not include any land zoned for low density residential use or for exclusive nonresidential use. (D) The applicant and the development satisfy the replacement requirements specified in subdivision (c) of Section 65915. (E) The development includes at least 20 percent of the units, excluding any additional units allowed under a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter, with an affordable housing cost or affordable rent to, and occupied by, persons with a household income equal to or less than 50 percent of the area median income, as determined pursuant to Section 50093 of the Health and Safety Code, and subject to an affordability restriction for a minimum of 55 years. (F) The development complies with the height requirements applicable to the underlying zone. A development shall not be eligible to use a floor area ratio bonus or other incentives or concessions provided pursuant to this chapter to relieve the development from a maximum height limitation. (2) “Floor area ratio” means the ratio of gross building area of the eligible housing development, excluding structured parking areas, proposed for the project divided by the net lot area. For purposes of this paragraph, “gross building area” means the sum of all finished areas of all floors of a building included within the outside faces of its exterior walls. (3) “Floor area ratio bonus” means an allowance for an eligible housing development to utilize a floor area ratio over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city or county, calculated pursuant to paragraph (2) of subdivision (b). (4) “Major transit stop” has the same meaning as defined in Section 21155 of the Public Resources Code. (5) “Transit priority area” has the same meaning as defined in Section 21099 of the Public Resources Code. (b) (1) A city council, including a charter city council or the board of supervisors of a city and county, or county board of supervisors may establish a procedure by ordinance to grant a developer of an eligible housing development, upon the request of the developer, a floor area ratio bonus, calculated as provided in paragraph (2), in lieu of a density bonus awarded on the basis of dwelling units per acre. (2) In calculating the floor area ratio bonus pursuant to this section, the allowable gross residential floor area in square feet shall be the product of all of the following amounts: (A) The allowable residential base density in dwelling units per acre. (B) The site area in square feet, divided by 43,560. (C) 2,250. (c) The city council or county board of supervisors shall not impose any parking requirement on an eligible housing development in excess of 0.1 parking spaces per unit that is affordable to persons and families with a household income equal to or less than 120 percent of the area median income and 0.5 parking spaces per unit that is offered at market rate. (d) A city or county that adopts a floor area ratio bonus ordinance pursuant to this section shall allow an applicant seeking to develop an eligible residential development to calculate impact fees based on square feet, instead of on a per unit basis. (e) In the case of an eligible housing development that is zoned for mixed-use purposes, any floor area ratio requirement under a zoning ordinance or land use element of the general plan of the city or county applicable to the nonresidential portion of the eligible housing development shall continue to apply notwithstanding the award of a floor area ratio bonus in accordance with this section. (f) An applicant for a floor area ratio bonus pursuant to this section may also submit to the city, county, or city and county a proposal for specific incentives or concessions pursuant to subdivision (d) of Section 65915. (g) (1) This section shall not be interpreted to do either of the following: (A) Supersede or preempt any other section within this chapter. (B) Prohibit a city, county, or city and county from providing a floor area ratio bonus under terms that are different from those set forth in this section. (2) The adoption of an ordinance pursuant to this section shall not be interpreted to relieve a city, county, or city and county from complying with Section 65915. (Added by Stats. 2018, Ch. 915, Sec. 1. (AB 2372) Effective January 1, 2019.)
65917.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. )
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This section lets a city grant a density bonus for certain commercial or industrial projects that include a child care facility, if the project meets the stated floor-area and child-care space thresholds.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. ) ## 65917.5. (a) As used in this section, the following terms shall have the following meanings: (1) “Child care facility” means a facility installed, operated, and maintained under this section for the nonresidential care of children as defined under applicable state licensing requirements for the facility. (2) “Density bonus” means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city, including a charter city, city and county, or county of: (A) A maximum of five square feet of floor area for each one square foot of floor area contained in the child care facility for existing structures. (B) A maximum of 10 square feet of floor area for each one square foot of floor area contained in the child care facility for new structures. For purposes of calculating the density bonus under this section, both indoor and outdoor square footage requirements for the child care facility as set forth in applicable state child care licensing requirements shall be included in the floor area of the child care facility. (3) “Developer” means the owner or other person, including a lessee, having the right under the applicable zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or county board of supervisors to make an application for development approvals for the development or redevelopment of a commercial or industrial project. (4) “Floor area” means as to a commercial or industrial project, the floor area as calculated under the applicable zoning ordinance of a city council, including a charter city council, city and county board of supervisors, or county board of supervisors and as to a child care facility, the total area contained within the exterior walls of the facility and all outdoor areas devoted to the use of the facility in accordance with applicable state child care licensing requirements. (b) A city council, including a charter city council, city and county board of supervisors, or county board of supervisors may establish a procedure by ordinance to grant a developer of a commercial or industrial project, containing at least 50,000 square feet of floor area, a density bonus when that developer has set aside at least 2,000 square feet of floor area and 3,000 outdoor square feet to be used for a child care facility. The granting of a bonus shall not preclude a city council, including a charter city council, city and county board of supervisors, or county board of supervisors from imposing necessary conditions on the project or on the additional square footage. Projects constructed under this section shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other health, safety, and zoning requirements generally applicable to construction in the zone in which the property is located. A consortium with more than one developer may be permitted to achieve the threshold amount for the available density bonus with each developer’s density bonus equal to the percentage participation of the developer. This facility may be located on the project site or may be located offsite as agreed upon by the developer and local agency. If the child care facility is not located on the site of the project, the local agency shall determine whether the location of the child care facility is appropriate and whether it conforms with the intent of this section. The child care facility shall be of a size to comply with all state licensing requirements in order to accommodate at least 40 children. (c) The developer may operate the child care facility itself or may contract with a licensed child care provider to operate the facility. In all cases, the developer shall show ongoing coordination with a local child care resource and referral network or local governmental child care coordinator in order to qualify for the density bonus. (d) If the developer uses space allocated for child care facility purposes, in accordance with subdivision (b), for purposes other than for a child care facility, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space. If the developer fails to have the space allocated for the child care facility within three years, from the date upon which the first temporary certificate of occupancy is granted, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors in accordance with procedures to be developed by the legislative body of the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space. A penalty levied against a consortium of developers shall be charged to each developer in an amount equal to the developer’s percentage square feet participation. Funds collected pursuant to this subdivision shall be deposited by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors into a special account to be used for child care services or child care facilities. (e) Once the child care facility has been established, prior to the closure, change in use, or reduction in the physical size of, the facility, the city, city council, including a charter city council, city and county board of supervisors, or county board of supervisors shall be required to make a finding that the need for child care is no longer present, or is not present to the same degree as it was at the time the facility was established. (f) The requirements of Chapter 5 (commencing with Section 66000) and of the amendments made to Sections 53077, 54997, and 54998 by Chapter 1002 of the Statutes of 1987 shall not apply to actions taken in accordance with this section. (g) This section shall not apply to a voter-approved ordinance adopted by referendum or initiative. (Amended by Stats. 2008, Ch. 179, Sec. 112. Effective January 1, 2009.)
65918.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. )
Verify source ↗

This chapter applies to charter cities.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.3. Density Bonuses and Other Incentives [65915 - 65918] ( Chapter 4.3 added by Stats. 1979, Ch. 1207. ) ## 65918. The provisions of this chapter shall apply to charter cities. (Added by Stats. 1979, Ch. 1207.)
65919.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. )
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This section defines key terms used in the chapter, including affected city, affected territory, proposed action, and planning review area.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. ) ## 65919. As used in this chapter, the following terms have the following meanings: (a) “Affected city” means a city within whose planning review area an affected territory is located. (b) “Affected territory” means an area of land located in the unincorporated portion of a county that is the subject of one or more proposed actions. (c) “Proposed action” means a proposal to adopt or amend all or part of a general or specific plan or to adopt or amend a zoning ordinance, but does not include action taken by an ordinance that became effective immediately pursuant to subdivision (b) or (d) of Section 25123 or pursuant to Section 65858. (d) “Planning review area” means the territory included in a general plan or in any specific plan of a city or county. A planning review area in the case of a city shall not extend beyond whichever of the following includes the largest area and, in the case of a county, shall not extend beyond the territory described in paragraph (2) or (3), whichever includes the largest area: (1) The area included within the sphere of influence of the city. (2) A radius of one mile outside the boundary of the city which area shall not include any territory within the sphere of influence of another city. (3) An area that is agreed upon and designated by a county and a city within the county. (Amended by Stats. 2004, Ch. 183, Sec. 177. Effective January 1, 2005.)
65919.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. )
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A county and a city may agree on a referral-and-comment procedure for proposed actions; if they do not agree, the chapter’s procedures apply.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. ) ## 65919.1. A county and a city may agree upon a procedure for referral by the county to the city or by the city to the county of proposed actions and for comment upon those proposals. In the absence of that agreement, the procedures prescribed by this chapter shall be followed. (Amended by Stats. 1986, Ch. 443, Sec. 2.)
65919.10.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. )
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A county or city does not have to refer a zoning proposal to an affected city or county when the proposal changes a zoning ordinance and is consistent with the general plan, if the related general plan proposal was already referred and acted on under this chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. ) ## 65919.10. If the proposed action is a change in a zoning ordinance, the county or city need not refer the zoning proposal to an affected city or county, as the case may be, if the zoning proposal is consistent with the general plan and the general plan proposal was referred and acted upon pursuant to this chapter. (Amended by Stats. 2011, Ch. 469, Sec. 2. (SB 226) Effective January 1, 2012.)
65919.11.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. )
Verify source ↗

Missing procedural steps under this chapter do not invalidate a proposed action.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. ) ## 65919.11. Failure to comply with the procedural requirements of this chapter shall not affect the validity of any proposed action. (Added by Stats. 1983, Ch. 860, Sec. 2.)
65919.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. )
Verify source ↗

A city or county that wants referrals under this chapter must file a map or other suitable document showing the part of the county or city in its planning review area.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. ) ## 65919.2. A city which desires referrals from a county or a county which desires referrals from a city pursuant to this chapter shall file with the county or the city, as the case may be, a map or other appropriate document which indicates the portion of the county or the city, as the case may be, in its planning review area. (Amended by Stats. 1986, Ch. 443, Sec. 3.)
65919.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. )
Verify source ↗

A county must refer a proposed action to each affected city before the board of supervisors acts, and a city must refer a proposed action to the county before the city council acts, unless Section 65919.10 says otherwise.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. ) ## 65919.3. Except as otherwise provided in Section 65919.10, before the board of supervisors acts on a proposed action, the county shall refer the proposed action to each affected city, and before the city council acts on a proposed action, the city shall refer the proposed action to the county, in accordance with the procedure set forth in Sections 65919.4 and 65919.5. (Amended by Stats. 1986, Ch. 443, Sec. 4.)
65919.4.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. )
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County and city governments must notify each other about proposed actions tied to public hearings, using at least the information in the hearing notice and delivering the notice by mail or hand delivery.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. ) ## 65919.4. (a) Not later than the date the county notices the public hearing on a proposed action before the county planning commission, the county shall notify an affected city of the nature of the proposed action. (b) Not later than the date the city notices the public hearing on a proposed action before the city planning commission, the city shall notify the county of the nature of the proposed action. (c) The information in the notification shall not be less than the information contained in the notice of public hearing. The notification required by this section and by Section 65919.8 shall be given by first-class mail or by hand delivery. The notice shall also indicate the earliest date on which the board of supervisors or city council, as the case may be, can act on the proposed action or the modification to the proposed action. (Amended by Stats. 1986, Ch. 443, Sec. 5.)
65919.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. )
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A board of supervisors or city council must review and comment on a referred proposed action within 45 days, unless a longer time is allowed; if comments are late, it may act without considering them.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. ) ## 65919.5. The board of supervisors or city council to which the proposed action is referred pursuant to Section 65919.3 shall have 45 days from the date the county or city, as the case may be, mails or delivers the proposed action, or such longer time as the county or city, as the case may be, specifies or allows at the request of the affected city or county, as the case may be, to review and to comment and to make recommendations on the consistency of the proposed action with applicable general and specific plans and zoning ordinances of the affected city or county. If the affected city or county does not provide the comments and recommendations to the referring county or city within the 45-day period, or such longer time as the referring county or city has specified or allowed at the request of the affected city or county, the board of supervisors or city council may act without considering those comments. If the affected city or county provides the comments and recommendations prior to the time that the planning commission acts on the proposed action, the planning commission shall also consider the comments and recommendations. (Amended by Stats. 1986, Ch. 443, Sec. 6.)
65919.6.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. )
Verify source ↗

The county must consider comments and recommendations from each affected city before acting on a proposed action, and the city must consider comments and recommendations from the county.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. ) ## 65919.6. Before acting upon a proposed action, the county shall consider comments and recommendations received from each affected city and the city shall consider comments and recommendations received from the county. (Amended by Stats. 1986, Ch. 443, Sec. 7.)
65919.7.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. )
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If a board of supervisors or city council sends a proposed action back to the planning commission, it must at the same time send the modification to each affected city or county.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. ) ## 65919.7. If the board of supervisors or city council modifies and refers a proposed action back to the planning commission pursuant to Section 65356 or 65857, the board of supervisors or city council, as the case may be, shall at the same time refer the modification to the proposed action to each affected city or county in accordance with Sections 65919.8 and 65919.9. (Amended by Stats. 1986, Ch. 443, Sec. 8.)
65919.8.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. )
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A referral must describe the proposed modification, and the affected city or county has 25 days to review, comment, and make recommendations unless more time is allowed.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. ) ## 65919.8. The referral shall reasonably describe the modification to the proposed action. Any city or county to which the modification is referred shall have 25 days from the date of the referral, or such longer time as the referring county or city specifies or allows at the request of the affected city or county, to review and to comment and to make recommendations on the consistency of the proposed action with applicable general and specific plans and zoning ordinances of the affected city or county. If the affected city or county does not provide the comments and recommendations to the referring county or city within the 25-day period, or such longer time as the referring county or city has specified or allowed at the request of the affected city or county, the board of supervisors or city council may act without considering those comments. If the affected city or county provides the comments and recommendations prior to the time that the planning commission acts on the proposed action, the planning commission shall also consider the comments and recommendations. If the planning commission fails to act, the modification may become effective pursuant to Section 65356 or 65857, without consideration of the comments and recommendations. (Amended by Stats. 1986, Ch. 443, Sec. 9.)
65919.9.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. )
Verify source ↗

Before acting on a modification, the board of supervisors must consider comments and recommendations from each affected city, and the city council must consider comments and recommendations from the county.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.4. Interagency Referrals [65919 - 65919.11] ( Chapter 4.4 added by Stats. 1983, Ch. 860, Sec. 2. ) ## 65919.9. Prior to acting on the modification, the board of supervisors shall consider the comments and recommendations received from each affected city and the city council shall consider the comments and recommendations from the county. (Amended by Stats. 1986, Ch. 443, Sec. 10.)
6592.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
Verify source ↗

A bond-authorizing resolution may include specified bondholder protection and financing terms as part of the contract with bondholders.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6592. Any resolution authorizing any bonds or any issue of bonds may contain the following provisions, which shall be a part of the contract with the holders of the bonds to be authorized: (a) Provisions pledging the full faith and credit of the authority, or pledging all or any part of the revenues of any public capital improvements, or any revenue-producing contract or contracts made by the authority with any local agency, any VLF receivables purchased pursuant to Section 6588.5, any utility project property, any Proposition 1A receivables purchased pursuant to Section 6588.6, or any other moneys of the authority, to secure the payment of the bonds, and of any special account, subject to those agreements with bondholders as may then exist. (b) Provisions setting out the rentals, fees, purchase payments, loan repayments, and other charges, and the amounts to be raised in each year thereby, and the use and disposition of the revenues. (c) Provisions setting aside reserves or sinking funds, and the regulation and disposition thereof. (d) Limitations on the right of the authority or its agent to restrict and regulate the use of the public capital improvements to be financed out of the proceeds of the bonds or any particular issue of bonds. (e) Limitations on the purpose to which the proceeds of sale of any issue of bonds may be applied, and pledging the proceeds to secure the payment of the bonds or any issue of the bonds. (f) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds. (g) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds and the holders thereof that are required to give consent thereto, and the manner in which the consent may be given. (h) Limitations on expenditures for operating, administrative, or other expenses of the authority. (i) Definitions of acts or omissions to act which constitute a default in the duties of the authority to holders of its obligations, and providing the rights and remedies of the holders in the event of a default. (j) The mortgaging of any public capital improvements and the site thereof for the purpose of securing the bondholders. (k) The mortgaging of land, improvements, or other assets owned by a local agency for the purpose of securing the bondholders. (l) Procedures for the selection of public capital improvements to be financed with the proceeds of the bonds authorized by the resolution, if the bonds are to be sold in advance of designating the public capital improvements and the local agency to receive the financing. (Amended by Stats. 2013, Ch. 636, Sec. 5. (AB 850) Effective January 1, 2014.)
6592.1.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
Verify source ↗

An authority may adopt a resolution about bonds only at a regular meeting held under Section 54954.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6592.1. A resolution authorizing bonds or any issuance of bonds or accepting the benefit of any bonds or the proceeds of bonds shall be adopted by an authority only during a regular meeting held pursuant to Section 54954. (Added by Stats. 2009, Ch. 557, Sec. 5. (SB 99) Effective January 1, 2010.)
6592.5.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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An authority may not buy local agency bonds at a yield above 1% of the authority bond yield, and it must use at least 95% of receipts from certain local agency bond purchases for specified bond-related purposes.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6592.5. (a) No bonds issued by any local agency shall be purchased pursuant to this article by an authority at a price to yield in excess of 1 percent of the yield of the issue of bonds issued by the authority to purchase the bonds of the local agency. For the purposes of this subdivision, yield is determined on the issue date of the bonds. (b) At least 95 percent of the receipts by an authority from bonds of a local agency purchased by the authority after January 1, 1995, shall be used for any of the following: (1) To pay principal, interest, redemption prices or fees for credit enhancement on the issue of bonds of the authority used to acquire those bonds of the local agency. (2) To pay or reimburse administrative costs of the bonds of the authority used to acquire those bonds of the local agency. (3) To pay or reimburse a local agency for principal, interest, or redemption price on bonds of that local agency. (4) To establish reasonable reserves for the payment of debt service on authority bonds. (5) To purchase other bonds of a local agency. (6) To pay or reimburse fees and expenses charged to the authority by third parties, excluding any member of the authority, for services relating to administration of the authority’s bonds or of the program established by the authority for purchase of local agency bonds. (c) For the purposes of this section, the following definitions shall apply: (1) “Administrative costs” means, and is limited to, costs of issuing, carrying, or repaying the authority bonds. (2) “Credit enhancement” means any municipal bond insurance, surety bond, letter of credit, or other guaranty arrangement entered into between an independent party and the authority or the local agency that unconditionally shifts substantially all of the credit risk for all or part of the payments on the issue of bonds guaranteed by the credit enhancement and, in the case of bonds bearing a variable rate of interest and containing a provision permitting or requiring tender of the bonds by the bondholder, includes payments against failure to remarket bonds. (3) “Issue” means bonds that are issued by the same issuer on the same issue date pursuant to the same plan of financing that are reasonably expected to be paid from substantially the same source of funds, without regard to credit enhancement or priority of lien. (4) “Issue date” means the first date on which the authority, in the case of an issue of bonds issued by the authority, or the local agency, in the case of an issue of bonds issued by the local agency for purchase by the authority, receives the purchase price of the issue of bonds in exchange or the delivery of the evidence of indebtedness representing the bonds of the issue. (5) “Issue price” means, in the case of an issue of bonds issued by the authority, the initial offering price to the public, excluding bondhouses, underwriters, brokers, and other intermediaries, and assuming that the issue price for each maturity of bonds of the issue is equal to the price at which at least 10 percent of that maturity was sold to the public, and if an issue is privately placed, means the purchase of each maturity of bonds of the issue paid by the first buyer of the obligation, excluding bondhouses, underwriters, brokers, and other intermediaries. “Issue price” means, in the case of an issue of bonds issued by the local agency, the purchase price of each maturity of bonds of the issue paid by the authority to the local agency. (6) “Yield” means that discount rate that, when used in computing the present value as of the issue date of all unconditionally payable payments of principal, interest, and fees for credit enhancement on the issue of bonds produces an amount equal to the present value, using the same discount rate, of the aggregate issue price of bonds of the issue as of the issue date. In the case of an issue of bonds issued by a local agency for purchase by the authority, payments for administrative costs shall not be taken into account in determining the yield of those local agency bonds. (Added by Stats. 1995, Ch. 229, Sec. 6. Effective July 31, 1995.)
65920.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 1. General Provisions [65920 - 65923.8] ( Article 1 added by Stats. 1977, Ch. 1200. )
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This section names the chapter the Permit Streamlining Act, applies it to public agencies as specified, and allows related superior court actions to be subject to mediation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 1. General Provisions [65920 - 65923.8] ( Article 1 added by Stats. 1977, Ch. 1200. ) ## 65920. (a) This chapter shall be known and may be cited as the Permit Streamlining Act. (b) Notwithstanding any other provision of law, the provisions of this chapter shall apply to all public agencies to the extent specified in this chapter, except that the time limits specified in Division 2 (commencing with Section 66410) of Title 7 shall not be extended by operation of this chapter. (c) Any action brought in the superior court relating to this chapter may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030). (Amended by Stats. 2010, Ch. 699, Sec. 22. (SB 894) Effective January 1, 2011.)
65921.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 1. General Provisions [65920 - 65923.8] ( Article 1 added by Stats. 1977, Ch. 1200. )
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This section says development project approval provisions apply statewide to all public agencies, including charter cities.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 1. General Provisions [65920 - 65923.8] ( Article 1 added by Stats. 1977, Ch. 1200. ) ## 65921. The Legislature finds and declares that there is a statewide need to ensure clear understanding of the specific requirements which must be met in connection with the approval of development projects and to expedite decisions on such projects. Consequently, the provisions of this chapter shall be applicable to all public agencies, including charter cities. (Added by Stats. 1977, Ch. 1200.)
65922.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 1. General Provisions [65920 - 65923.8] ( Article 1 added by Stats. 1977, Ch. 1200. )
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This chapter does not apply to certain State Energy Resources Development and Conservation Commission activities or to administrative appeals within or to a state or local agency.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 1. General Provisions [65920 - 65923.8] ( Article 1 added by Stats. 1977, Ch. 1200. ) ## 65922. The provisions of this chapter shall not apply to the following: (a) Activities of the State Energy Resources Development and Conservation Commission established pursuant to Division 15 (commencing with Section 25000) of the Public Resources Code. (b) Administrative appeals within a state or local agency or to a state or local agency. (Amended by Stats. 1982, Ch. 87, Sec. 2. Effective March 1, 1982.)
65922.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 1. General Provisions [65920 - 65923.8] ( Article 1 added by Stats. 1977, Ch. 1200. )
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In a critically dry year or a governor-declared drought emergency, this chapter’s time limits do not apply to certain water-related applications and petitions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 1. General Provisions [65920 - 65923.8] ( Article 1 added by Stats. 1977, Ch. 1200. ) ## 65922.1. During a year declared by the State Water Resources Control Board or the Department of Water Resources to be a critically dry year, or during a drought emergency declared by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2, the time limits established by this chapter shall not apply to applications to appropriate water pursuant to Part 2 (commencing with Section 1200) of Division 2 of, to petitions for change pursuant to Chapter 10 (commencing with Section 1700) of Part 2 of Division 2 of, or to petitions for certification pursuant to Section 13160 of, the Water Code for projects involving the diversion or use of water. (Added by Stats. 1991, 1st Ex. Sess., Ch. 12, Sec. 1. Effective October 9, 1991.)
65923.8.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 1. General Provisions [65920 - 65923.8] ( Article 1 added by Stats. 1977, Ch. 1200. )
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A state agency serving as the lead agency for a development project must tell permit applicants that the Governor’s Office of Business and Economic Development exists to help with permit approvals.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 1. General Provisions [65920 - 65923.8] ( Article 1 added by Stats. 1977, Ch. 1200. ) ## 65923.8. Any state agency which is the lead agency for a development project shall inform the applicant for a permit that the Governor’s Office of Business and Economic Development has been created to assist, and provide information to, developers relating to the permit approval process. (Amended by Stats. 2016, Ch. 78, Sec. 4. (AB 2605) Effective January 1, 2017.)
65925.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. )
Verify source ↗

The definitions in this article control how this chapter is read, unless the context requires otherwise.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. ) ## 65925. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1977, Ch. 1200.)
65926.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. )
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This section defines “air pollution control district.”

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. ) ## 65926. “Air pollution control district” means any district created or continued in existence pursuant to the provisions of Part 3 (commencing with Section 40000) of Division 26 of the Health and Safety Code. (Added by Stats. 1977, Ch. 1200.)
65927.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. )
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This section defines “development” broadly for land and water projects, including construction, grading, extraction, waste disposal, subdivision, and vegetation removal, with several exceptions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. ) ## 65927. “Development” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511 of the Public Resources Code). As used in this section, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. Nothing in this section shall be construed to subject the approval or disapproval of final subdivision maps to the provisions of this chapter. “Development” does not mean a “change of organization”, as defined in Section 56021 or a “reorganization”, as defined in Section 56073. (Amended by Stats. 1992, Ch. 1003, Sec. 1. Effective January 1, 1993.)
65928.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. )
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This section defines “development project” and lists what is included and excluded.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. ) ## 65928. (a) “Development project” means any project undertaken for the purpose of development. “Development project” includes a project involving the issuance of a permit for construction or reconstruction but not a permit to operate. (b) (1) (A) Except as otherwise provided in subparagraph (B), “development project” does not include any ministerial projects proposed to be carried out or approved by public agencies. (B) Notwithstanding subparagraph (A), “development project” includes a housing development project, as that term is defined in paragraph (3) of subdivision (b) of Section 65905.5, that requires an entitlement from a local agency, regardless of whether the process for permitting that entitlement is discretionary or ministerial. (2) “Development project” does not include a postentitlement phase permit, as that term is defined in Section 65913.3. (Amended by Stats. 2025, Ch. 650, Sec. 3. (SB 158) Effective October 11, 2025.)
65928.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. )
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This section defines “geothermal field development project.”

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. ) ## 65928.5. “Geothermal field development project” means a development project as defined in Section 65928 which is composed of geothermal wells, resource transportation lines, production equipment, roads, and other facilities which are necessary to supply geothermal energy to any particular heat utilization equipment for its productive life, all within an area delineated by the applicant. (Added by Stats. 1978, Ch. 1271.)
65929.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. )
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“Lead agency” means the public agency mainly responsible for carrying out or approving a project.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. ) ## 65929. “Lead agency” means the public agency which has the principal responsibility for carrying out or approving a project. (Added by Stats. 1977, Ch. 1200.)
6593.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
Verify source ↗

Members of the authority’s governing body are not personally liable for the bonds or for liability tied to issuing them.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6593. No member of the governing body of the authority shall be personally liable on the bonds or be subject to any personal liability or accountability by reason of the issuance of bonds. (Added by Stats. 1985, Ch. 868, Sec. 6. Effective September 23, 1985.)
65930.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. )
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This section defines “local agency” as any public agency other than a state agency, and says a redevelopment agency counts as a local agency for this chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. ) ## 65930. “Local agency” means any public agency other than a state agency. For purposes of this chapter, a redevelopment agency is a local agency and is not a state agency. (Amended by Stats. 1978, Ch. 1113.)
65931.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. )
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“Project” means an activity involving a lease, permit, license, certificate, or other entitlement for use issued to a person by one or more public agencies.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. ) ## 65931. “Project” means any activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. (Added by Stats. 1977, Ch. 1200.)
65932.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. )
Verify source ↗

This section defines “public agency.”

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. ) ## 65932. “Public agency” means any state agency, any county, city and county, city, regional agency, public district, redevelopment agency, or other political subdivision. (Added by Stats. 1977, Ch. 1200.)
65933.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. )
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“Responsible agency” means a public agency, other than the lead agency, that is responsible for carrying out or approving a project.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. ) ## 65933. “Responsible agency” means a public agency, other than the lead agency, which has responsibility for carrying out or approving a project. (Added by Stats. 1977, Ch. 1200.)
65934.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. )
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“State agency” is defined to mean any state government agency, board, or commission, and it also includes an air pollution control district for this chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 2. Definitions [65925 - 65934] ( Article 2 added by Stats. 1977, Ch. 1200. ) ## 65934. “State agency” means any agency, board, or commission of state government. For all purposes of this chapter, the term “state agency” shall include an air pollution control district. (Added by Stats. 1977, Ch. 1200.)
6594.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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The authority may use available funds to buy its own bonds, and may hold, pledge, cancel, or resell them under bondholder agreements.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6594. The authority may, out of any funds available therefor, purchase its bonds. The authority may hold, pledge, cancel, or resell the bonds, subject to, and in accordance with, agreements with bondholders. (Added by Stats. 1985, Ch. 868, Sec. 6. Effective September 23, 1985.)
65940.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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Public agencies must compile and update application-information lists for development projects, give copies to applicants and requesters, and post certain approval-related information online.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65940. (a) (1) Each public agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a development project. Each public agency shall revise the list of information required from an applicant to include a certification of compliance with Section 65962.5, and the statement of application required by Section 65943. Copies of the information, including the statement of application required by Section 65943, shall be made available to all applicants for development projects and to any person who requests the information. (2) An affected city or affected county, as defined in Section 66300, shall include the information necessary to determine compliance with the requirements of Article 2 (commencing with Section 66300.5) of Chapter 12 in the list compiled pursuant to paragraph (1). (b) The list of information required from any applicant shall include, where applicable, identification of whether the proposed project is located within 1,000 feet of a military installation, beneath a low-level flight path or within special use airspace as defined in Section 21098 of the Public Resources Code, and within an urbanized area as defined in Section 65944. (c) (1) A public agency that is not beneath a low-level flight path or not within special use airspace and does not contain a military installation is not required to change its list of information required from applicants to comply with subdivision (b). (2) A public agency that is entirely urbanized, as defined in subdivision (e) of Section 65944, with the exception of a jurisdiction that contains a military installation, is not required to change its list of information required from applicants to comply with subdivision (b). (d) For each type of approval issued by a public agency in connection with a housing development project, the list required to be compiled by this section, including the criteria the public agency will apply in order to determine the completeness of an application described in Section 65941, and the name of the type of approval, shall be published online. (e) For purposes of this section, “development project” includes a housing development project as defined in paragraph (3) of subdivision (b) of Section 65905.5. (Amended by Stats. 2025, Ch. 518, Sec. 2. (SB 489) Effective January 1, 2026.)
65940.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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Certain cities, counties, and special districts with websites must post specified development-project fee and planning information online and keep it updated.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65940.1. (a) (1) A city, county, or special district that has an internet website shall make all of the following available on its internet website, as applicable: (A) (i) A current schedule of fees, exactions, and affordability requirements imposed by that city, county, or special district, including any dependent special districts, as defined in Section 56032.5, of the city or county applicable to a proposed housing development project. (ii) The city, county, or special district shall present the information described in clause (i) in a manner that clearly identifies the fees, exactions, and affordability requirements that apply to each parcel and the fees that apply to each new water and sewer utility connection. (iii) The city, county, or special district shall post a written fee schedule or a link directly to the written fee schedule on its internet website. (B) All zoning ordinances and development standards adopted by the city or county presenting the information, which shall specify the zoning, design, and development standards that apply to each parcel. (C) The list required to be compiled pursuant to Section 65940 by the city or county presenting the information. (D) The current and five previous annual fee reports or the current and five previous annual financial reports, that were required pursuant to subdivision (b) of Section 66006 and subdivision (d) of Section 66013. (E) An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. For purposes of this subparagraph, “cost of service study” means the data provided to the public pursuant to subdivision (a) of Section 66016. (2) A city, county, or special district shall update the information made available under this subdivision within 30 days of any changes. (3) (A) A city or county shall request from a development proponent, upon issuance of a certificate of occupancy or the final inspection, whichever occurs last, the total amount of fees and exactions associated with the project for which the certificate was issued. The request shall clearly state that the development proponent is under no obligation to respond to the request for information and that the development proponent will not be subjected to any consequences for not responding or for the content of a response. The city or county shall post this information on its internet website, and update it at least twice per year. (B) A city or county shall not be responsible for the accuracy for the information received and posted pursuant to subparagraph (A). A city or county may include a disclaimer regarding the accuracy of the information posted on its internet website under this paragraph. (b) For purposes of this section: (1) “Affordability requirement” means a requirement imposed as a condition of a development of residential units, that the development include a certain percentage of the units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, or an alternative means of compliance with that requirement including, but not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units. (2) (A) “Exaction” means any of the following: (i) A construction excise tax. (ii) A requirement that the housing development project provide public art or an in-lieu payment. (iii) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477. (iv) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5). (B) “Exaction” does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524. (3) “Fee” means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). (4) “Housing development project” means a use consisting of any of the following: (A) Residential units only. (B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use. (C) Transitional housing or supportive housing. (c) This section shall not be construed to alter the existing authority of a city, county, or special district to adopt or impose an exaction or fee. (d) This section shall not be construed to impose any obligation on any entity, including a development proponent, other than a city, county, or special district. This subdivision does not constitute a change in, but is declaratory of, existing law. (Amended by Stats. 2024, Ch. 358, Sec. 1. (AB 1820) Effective January 1, 2025.)
65940.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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Certain cities and counties must post a public fee estimate tool on their website for proposed housing development projects.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65940.2. (a) A city or county that has an internet website shall make a fee estimate tool that the public can use to calculate an estimate of fees and exactions for a proposed housing development project available on its internet website. A city or county may choose the format of the fee estimate tool. (1) The fee estimate tool shall calculate an estimate of fees for a proposed housing development project, including, but not limited to, the following: (A) A fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), except Section 66013, Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). (B) In-lieu fees for affordability requirements. (C) A construction excise tax. (D) In-lieu fees for a requirement that the housing development project provide public art. (E) In-lieu fees for dedications of parkland imposed pursuant to Section 66477. (F) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5). (2) A city or county shall not be responsible for the accuracy of the estimate provided by the fee estimate tool. A city or county may include a disclaimer regarding the accuracy of the estimate calculated on its internet website under this section. (b) (1) A city or county with a population of greater than 500,000 shall meet the requirements of this section on or before July 1, 2031. (2) A city or county with a population of 500,000 or fewer shall meet the requirements of this section on or before July 1, 2032. (c) For purposes of this section, the following definitions apply: (1) “Affordability requirement” means a requirement imposed as a condition of a development of residential units, that the development include a certain percentage of the units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code. (2) “Housing development project” means a use consisting of any of the following: (A) Residential units only. (B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use. (C) Transitional housing or supportive housing. (Added by Stats. 2024, Ch. 752, Sec. 1. (AB 3012) Effective January 1, 2025.)
65940.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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Cities and counties with at least 150,000 people must provide a centralized online application portal for housing development projects by January 1, 2028, and the portal must let users track application status.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65940.3. (a) (1) A city or county with a population of 150,000 or more persons shall, no later than January 1, 2028, make a centralized application portal available on its internet website to applicants for housing development projects. (2) For purposes of paragraph (1), the population of a county shall be determined based on the population of persons in the unincorporated areas of the county. (b) Notwithstanding subdivision (a), a city or county subject to this section may make a centralized application portal available on its internet website no later than January 1, 2030, if the legislative body of the city or county, on or before January 1, 2028, does both of the following: (1) Makes a written finding that making a centralized application portal available on its internet website on or before January 1, 2028, would require a substantial increase in permitting fees. (2) Initiates a procurement process to make a centralized application portal available on its internet website. (c) The centralized application portal shall allow for tracking of the status of an application. (d) A city or county shall not be required to provide the status of any permit or inspection required by another local agency, a state agency, or a utility provider. (e) For purposes of this section, both of the following definitions apply: (1) “Centralized application portal” means a website or software that a city or county uses to collect information and materials provided by an applicant that are necessary for the city or county to consider a housing development project. (2) “Housing development project” has the same meaning as that term is defined in paragraph (3) of subdivision (b) of Section 65905.5. (Added by Stats. 2025, Ch. 501, Sec. 1. (AB 920) Effective January 1, 2026.)
65940.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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A public agency may not require an extension or waiver of chapter time limits as a condition for accepting or processing a development project application, except for extensions under Section 65950.1.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65940.5. (a) No list compiled pursuant to Section 65940 shall include an extension or waiver of the time periods prescribed by this chapter within which a state or local agency shall act upon an application for a development project. (b) No application shall be deemed incomplete for lack of an extension or waiver of time periods prescribed by this chapter within which a state or local government agency shall act upon the application. (c) Except for the extension of the time limits pursuant to Section 65950.1, no public agency shall require an extension or waiver of the time limits contained in this chapter as a condition of accepting or processing the application for a development project. (Amended by Stats. 1998, Ch. 283, Sec. 1. Effective January 1, 1999.)
65941.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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This section requires agencies to state the criteria used to decide whether a development project application is complete, limits environmental-review demands in that completeness determination, and requires a responsible agency to start processing a permit application on request when the needed information is available.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65941. (a) The information compiled pursuant to Section 65940 shall also indicate the criteria which the agency will apply in order to determine the completeness of any application submitted to it for a development project. (b) If a public agency is a lead or responsible agency for purposes of the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code, that criteria shall not require the applicant to submit the informational equivalent of an environmental impact report as part of a complete application, or to otherwise require proof of compliance with that act as a prerequisite to a permit application being deemed complete. However, that criteria may require sufficient information to permit the agency to make the determination required by Section 21080.1 of the Public Resources Code. (c) Consistent with this chapter, a responsible agency shall, at the request of the applicant, commence processing a permit application for a development project prior to final action on the project by a lead agency to the extent that the information necessary to commence the processing is available. For purposes of this subdivision, “lead agency” and “responsible agency” shall have the same meaning as those terms are defined in Section 21067 of the Public Resources Code and Section 21069 of the Public Resources Code, respectively. (Amended by Stats. 1993, Ch. 1131, Sec. 2. Effective January 1, 1994.)
65941.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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This section sets the information needed for a housing development preliminary application and requires local agencies and the state housing department to provide forms and schedules, with deadlines for later application steps.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65941.1. (a) An applicant for a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5, shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee: (1) The specific location, including parcel numbers, a legal description, and site address, if applicable. (2) The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located. (3) A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied. (4) The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance. (5) The proposed number of parking spaces. (6) Any proposed point sources of air or water pollutants. (7) Any species of special concern known to occur on the property. (8) Whether a portion of the property is located within any of the following: (A) A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178. (B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (C) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code. (D) A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. (E) A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. (F) A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code. (9) Any historic or cultural resources known to exist on the property. (10) The number of proposed below market rate units and their affordability levels. (11) The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 65915. (12) Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested. (13) The applicant’s contact information and, if the applicant does not own the property, consent from the property owner to submit the application. (14) For a housing development project proposed to be located within the coastal zone, whether any portion of the property contains any of the following: (A) Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations. (B) Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code. (C) A tsunami run-up zone. (D) Use of the site for public access to or along the coast. (15) The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied. (16) A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands. (17) The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way. (b) (1) A development proponent that submits a preliminary application providing the information required by subdivision (a) may include in its preliminary application a request for a preliminary fee and exaction estimate, which the city, county, or city and county shall provide within 30 business days of the submission of the preliminary application. (2) For development fees imposed by an agency other than a city, county, or city and county, including fees levied by a school district or a special district, the development proponent shall request the fee schedule from the agency that imposes the fee, and the agency that imposes the fee shall provide the fee schedule to the development proponent without delay. (3) For purposes of this subdivision: (A) “Exaction” has the same meaning as defined in Section 65940.1. (B) (i) “Fee” means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). (ii) Notwithstanding clause (i), “fee” does not include either of the following: (I) The cost of providing electrical or gas service from a local publicly owned utility. (II) A charge imposed on a housing development project to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (C) “Fee and exaction estimate” means a good faith estimate of the total amount of fees and exactions expected to be imposed in connection with the project. (4) Except for the provision of the fee and exaction estimate by the local agency, nothing in this subdivision shall create or affect any rights or obligations with respect to fees or exactions. (5) The fee and exaction estimate shall be for informational purposes only and shall not be legally binding or otherwise affect the scope, amount, or time of payment of any fee or exaction that is determined by other provisions of law. (6) A development proponent may request a fee schedule from a city, county, or special district for fees described in Chapter 7 (commencing with Section 66012), or for the cost of providing electrical or gas service from a local publicly owned utility. The city, county, special district, or local publicly owned utility shall provide the fee schedule upon request. (c) (1) Each local agency shall compile a checklist and application form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application. (2) The Department of Housing and Community Development shall adopt a standardized form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application if a local agency has not developed its own application form pursuant to paragraph (1). Adoption of the standardized form shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (3) A checklist or form shall not require or request any information beyond that expressly identified in subdivision (a). (d) After submittal of all of the information required by subdivision (a), if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions. For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations). (e) (1) Within 180 calendar days after submitting a preliminary application with all of the information required by subdivision (a) to a city, county, or city and county, the development proponent shall submit an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5. (2) If the public agency determines that the application for the development project is not complete pursuant to Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect. (3) This section shall not require an affirmative determination by a city, county, or city and county regarding the completeness of a preliminary application or a development application for purposes of compliance with this section. (f) Notwithstanding any other law, submission of a preliminary application in accordance with this section shall not preclude the listing of a tribal cultural resource on a national, state, tribal, or local historic register list on or after the date that the preliminary application is submitted. For purposes of Section 65589.5 or any other law, the listing of a tribal cultural site on a national, state, tribal, or local historic register on or after the date the preliminary application was submitted shall not be deemed to be a change to the ordinances, policies, and standards adopted and in effect at the time that the preliminary application was submitted. (Amended by Stats. 2025, Ch. 22, Sec. 18. (AB 130) Effective June 30, 2025.)
65941.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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Public agencies must tell development-permit applicants about review time limits, notice requirements, and Section 65961; they may charge a reasonable fee for providing this service.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65941.5. Each public agency shall notify applicants for development permits of the time limits established for the review and approval of development permits pursuant to Article 3 (commencing with Section 65940) and Article 5 (commencing with Section 65950), of the requirements of subdivision (e) of Section 65962.5, and of the public notice distribution requirements under applicable provisions of law. The public agency shall also notify applicants regarding the provisions of Section 65961. The public agency may charge applicants a reasonable fee not to exceed the amount reasonably necessary to provide the service required by this section. If a fee is charged pursuant to this section, the fee shall be collected as part of the application fee charged for the development permit. (Amended by Stats. 1987, Ch. 985, Sec. 2.)
65941.6.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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Local agencies must prepare ADA-related materials and give them to permit applicants with a notice that permit approval does not mean ADA compliance.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65941.6. (a) Each local agency shall develop materials relating to the requirements of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). The local agency shall provide these materials to an applicant along with notice that approval of a permit does not signify that the applicant has complied with the federal Americans with Disabilities Act of 1990. (b) For the purposes of complying with the requirements of subdivision (a), a local agency may, in lieu of developing its own materials, provide applicants with those materials which the California Commission on Disability Access has developed and made available pursuant to Section 8299.06. (Added by Stats. 2016, Ch. 13, Sec. 6. (SB 269) Effective May 10, 2016.)
65942.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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Revisions to specified application information and criteria must stay current and accurate, and generally apply only to future applications.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65942. The information and the criteria specified in Sections 65940, 65941, 65941.5 shall be revised as needed so that they shall be current and accurate at all times. Any revisions shall apply prospectively only and shall not be a basis for determining that an application is not complete pursuant to Section 65943 if the application was received before the revision is effective except for revisions for the following reasons resulting from the conditions which were not known and could not have been known by the public agency at the time the application was received: (a) To provide sufficient information to permit the public agency to make the determination required by Section 21080.1 of the Public Resources Code, as provided by Section 65941. (b) To comply with the enactment of new or revised federal, state, or local requirements, except for new or revised requirements of a local agency which is also the lead agency. (Amended by Stats. 1987, Ch. 803, Sec. 1.)
65943.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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Public agencies must decide in writing within 30 days whether a development project application is complete and send that decision to the applicant.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65943. (a) Not later than 30 calendar days after any public agency has received an application for a development project, the agency shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant for the development project. If the application is determined to be incomplete, the lead agency shall provide the applicant with an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the lead agency’s submittal requirement checklist. In any subsequent review of the application determined to be incomplete, the local agency shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. If the written determination is not made within 30 days after receipt of the application, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which the public agency shall determine the completeness of the application. If the application is determined not to be complete, the agency’s determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the public agency in response to the list and description. (b) Not later than 30 calendar days after receipt of the submitted materials described in subdivision (a), the public agency shall determine in writing whether the application as supplemented or amended by the submitted materials is complete and shall immediately transmit that determination to the applicant. In making this determination, the public agency is limited to determining whether the application as supplemented or amended includes the information required by the list and a thorough description of the specific information needed to complete the application required by subdivision (a). If the written determination is not made within that 30-day period, the application together with the submitted materials shall be deemed complete for purposes of this chapter. (c) If the application together with the submitted materials are determined not to be complete pursuant to subdivision (b), the public agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both. There shall be a final written determination by the agency on the appeal not later than 60 calendar days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-day period. Notwithstanding a decision pursuant to subdivision (b) that the application and submitted materials are not complete, if the final written determination on the appeal is not made within that 60-day period, the application with the submitted materials shall be deemed complete for the purposes of this chapter. (d) Nothing in this section precludes an applicant and a public agency from mutually agreeing to an extension of any time limit provided by this section. (e) A public agency may charge applicants a fee not to exceed the amount reasonably necessary to provide the service required by this section. If a fee is charged pursuant to this section, the fee shall be collected as part of the application fee charged for the development permit. (f) Each city and each county shall make copies of any list compiled pursuant to Section 65940 with respect to information required from an applicant for a housing development project, as that term is defined in paragraph (2) of subdivision (h) of Section 65589.5, available both (1) in writing to those persons to whom the agency is required to make information available under subdivision (a) of that section, and (2) publicly available on the internet website of the city or county. (g) For purposes of this section, “development project” includes a housing development project as defined in paragraph (3) of subdivision (b) of Section 65905.5. (Amended (as amended by Stats. 2021, Ch. 161, Sec. 7) by Stats. 2025, Ch. 22, Sec. 19. (AB 130) Effective June 30, 2025.)
65943.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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After final approval of a housing development project, the city, county, or city and county must give the development proponent an itemized list and good faith estimate of applicable fees and exactions within 30 business days.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65943.1. (a) (1) Upon final approval of a housing development project, the city, county, or city and county shall provide the development proponent with an itemized list and a good faith estimate of the total sum amount of all fees and exactions that will apply to the project within 30 business days. (2) For development fees imposed by an agency other than a city, county, or city and county, including fees levied by a school district or a special district, the development proponent shall request the good faith estimate of the total sum amount of all fees and exactions imposed by the agency that will apply to the project, and the agency shall provide the development proponent with this information within 30 business days. (b) For purposes of complying with subdivision (a), a public agency that calculates fees using a cost recovery method to cover administrative cost shall provide fee estimates for those cost recovery fees based on the average amount of the fees imposed on similar projects. (c) The itemized list and good faith estimate of the total sum amount of all fees and exactions described in subdivision (a) shall be for informational purposes only, shall not be legally binding on the agency, and shall not be construed to affect the scope, amount, or time of payment of any fees or exactions applicable to the project pursuant to other law. (d) For purposes of this section: (1) (A) “Exaction” means any of the following: (i) A construction excise tax. (ii) A requirement that the housing development project provide public art or an in-lieu payment. (iii) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477. (iv) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5). (B) “Exaction” does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524. (2) “Fee” means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). “Fee” does not include the cost of providing electrical or gas service from a local publicly owned utility. (3) “Final approval” means that the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits. (4) “Housing development project” has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5. (5) “Public agency” means a city, including a charter city, a county, including a charter county, or special district. (Added by Stats. 2024, Ch. 358, Sec. 3. (AB 1820) Effective January 1, 2025.)
65943.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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Certain development-project appeals must be made to the Secretary for Environmental Protection instead of the local environmental agency or agency office.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65943.5. (a) Notwithstanding any other provision of this chapter, any appeal pursuant to subdivision (c) of Section 65943 involving a permit application to a board, office, or department within the California Environmental Protection Agency shall be made to the Secretary for Environmental Protection. (b) Notwithstanding any other provision of this chapter, any appeal pursuant to subdivision (c) of Section 65943 involving an application for the issuance of an environmental permit from an environmental agency shall be made to the Secretary for Environmental Protection under either of the following circumstances: (1) The environmental agency has not adopted an appeals process pursuant to subdivision (c) of Section 65943. (2) The environmental agency declines to accept an appeal for a decision pursuant to subdivision (c) of Section 65943. (c) For purposes of subdivision (b), “environmental permit” has the same meaning as defined in Section 71012 of the Public Resources Code, and “environmental agency” has the same meaning as defined in Section 71011 of the Public Resources Code, except that “environmental agency” does not include the agencies described in subdivisions (c) and (h) of Section 71011 of the Public Resources Code. (Added by Stats. 1993, Ch. 419, Sec. 3. Effective January 1, 1994.)
65944.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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This section limits what a public agency can ask for after an application is complete, requires notice to military branches in certain project locations, and requires the Office of Planning and Research to keep related maps and contact information available.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65944. (a) After a public agency accepts an application as complete, the agency shall not subsequently request of an applicant any new or additional information which was not specified in the list prepared pursuant to Section 65940. The agency may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. (b) The provisions of subdivision (a) shall not be construed as requiring an applicant to submit with an initial application the entirety of the information which a public agency may require in order to take final action on the application. Prior to accepting an application, each public agency shall inform the applicant of any information included in the list prepared pursuant to Section 65940 which will subsequently be required from the applicant in order to complete final action on the application. (c) This section shall not be construed as limiting the ability of a public agency to request and obtain information which may be needed in order to comply with the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. (d) (1) After a public agency accepts an application as complete, and if the project applicant has identified that the proposed project is located within 1,000 feet of a military installation or within special use airspace or beneath a low-level flight path in accordance with Section 65940, the public agency shall provide notice of the complete application to any branch of the United States Armed Forces that has provided the Office of Planning and Research with points of contact to receive the notice. (2) Except for a project within 1,000 feet of a military installation, the public agency is not required to provide a copy of the application if the project is located entirely in an “urbanized area.” An urbanized area is any urban location that meets the definition used by the United State Department of Commerce’s Bureau of Census for “urban” and includes locations with core census block groups containing at least 1,000 people per square mile and surrounding census block groups containing at least 500 people per square mile. (e) After providing notice of the application as required in subdivision (d), and if requested by any branch of the United States Armed Forces, the public agency and the project applicant shall consult with the impacted military branch or branches to discuss the effects of the proposed project on military installations, low-level flight paths, or special use airspace, and potential alternatives and mitigation measures. (f) The Office of Planning and Research shall maintain on its internet website and provide notice to public agencies all of the following: (1) Maps of low-level flight paths, special use airspace, and military installations. (2) The military points of contact to receive notifications pursuant to subdivision (d). (3) The information required in the notice of a completed application pursuant to subdivision (d). This information shall include, at a minimum, all of the following: (A) The project’s specific location. (B) The major physical alterations to the property on which the project will be located. (C) A site place showing the location of the project on the property, as well as the massing, height, and approximate square footage, of each building that will be occupied. (D) The proposed land uses by number of units or square feet using the categories in the applicable zoning ordinance. (Amended by Stats. 2019, Ch. 142, Sec. 3. (SB 242) Effective January 1, 2020.)
65945.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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Cities or counties must tell development-permit applicants they may request notice of certain planning or zoning proposals, and they may charge a fee limited to actual notice costs.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65945. (a) At the time of filing an application for a development permit with a city or county, the city or county shall inform the applicant that he or she may make a written request to receive notice from the city or county of a proposal to adopt or amend any of the following plans or ordinances: (1) A general plan. (2) A specific plan. (3) A zoning ordinance. (4) An ordinance affecting building permits or grading permits. The applicant shall specify, in the written request, the types of proposed action for which notice is requested. Prior to taking any of those actions, the city or county shall give notice to any applicant who has requested notice of the type of action proposed and whose development project is pending before the city or county if the city or county determines that the proposal is reasonably related to the applicant’s request for the development permit. Notice shall be given only for those types of actions which the applicant specifies in the request for notification. The city or county may charge the applicant for a development permit, to whom notice is provided pursuant to this subdivision, a reasonable fee not to exceed the actual cost of providing that notice. If a fee is charged pursuant to this subdivision, the fee shall be collected as part of the application fee charged for the development permit. (b) As an alternative to the notification procedure prescribed by subdivision (a), a city or county may inform the applicant at the time of filing an application for a development permit that he or she may subscribe to a periodically updated notice or set of notices from the city or county which lists pending proposals to adopt or amend any of the plans or ordinances specified in subdivision (a), together with the status of the proposal and the date of any hearings thereon which have been set. Only those proposals which are general, as opposed to parcel-specific in nature, and which the city or county determines are reasonably related to requests for development permits, need be listed in the notice. No proposal shall be required to be listed until such time as the first public hearing thereon has been set. The notice shall be updated and mailed at least once every six weeks; except that a notice need not be updated and mailed until a change in its contents is required. The city or county may charge the applicant for a development permit, to whom notice is provided pursuant to this subdivision, a reasonable fee not to exceed the actual cost of providing that notice, including the costs of updating the notice, for the length of time the applicant requests to be sent the notice or notices. (Added by Stats. 1983, Ch. 1263, Sec. 11.)
65945.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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A local agency must tell permit applicants that they may request notice of proposed rule changes, must give that notice when the conditions are met, and may charge only a reasonable fee up to actual notice costs.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65945.3. At the time of filing an application for a development permit with a local agency, other than a city or county, the local agency shall inform the applicant that he or she may make a written request to receive notice of any proposal to adopt or amend a rule or regulation affecting the issuance of development permits. Prior to adopting or amending any such rule or regulation, the local agency shall give notice to any applicant who has requested such notice and whose development project is pending before the agency if the local agency determines that the proposal is reasonably related to the applicant’s request for the development permit. The local agency may charge the applicant for a development permit, to whom notice is provided pursuant to this section, a reasonable fee not to exceed the actual cost of providing that notice. If a fee is charged pursuant to this section, the fee shall be collected as part of the application fee charged for the development permit. (Added by Stats. 1983, Ch. 1263, Sec. 12.)
65945.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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A state agency must tell a development-permit applicant that the applicant may request notice of related regulation changes, and must notify requesting applicants before adopting or amending certain related regulations.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65945.5. At the time of filing an application for a development permit with a state agency, the state agency shall inform the applicant that he or she may make a written request to receive notice of any proposal to adopt or amend a regulation affecting the issuance of development permits and which implements a statutory provision. Prior to adopting or amending any such regulation, the state agency shall give notice to any applicant who has requested such notice and whose development project is pending before the state agency if the state agency determines that the proposal is reasonably related to the applicant’s request for the development permit. (Added by Stats. 1983, Ch. 1263, Sec. 13.)
65945.7.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. )
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A court may not set aside the covered action for procedural error unless it finds the error was prejudicial, caused substantial injury, and likely changed the result.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 3. Applications for Development Projects [65940 - 65945.7] ( Article 3 added by Stats. 1977, Ch. 1200. ) ## 65945.7. No action, inaction, or recommendation regarding any ordinance, rule, or regulation subject to this Section 65945, 65945.3, or 65945.5 by any legislative body, administrative body, or the officials of any state or local agency shall be held void or invalid or be set aside by any court on the ground of any error, irregularity, informality, neglect or omission (hereinafter called “error”) as to any matter pertaining to notices, records, determinations, publications or any matters of procedure whatever, unless after an examination of the entire case, including evidence, the court shall be of the opinion that the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed. There shall be no presumption that error is prejudicial or that injury was done if error is shown. (Added by Stats. 1983, Ch. 1263, Sec. 14.)
65946.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 4. Expedited Review [65946 - 65946.1] ( Article 4 added by Stats. 2016, Ch. 13, Sec. 7. )
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A local agency must expedite review of a project application if the applicant meets specified accessibility-related conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 4. Expedited Review [65946 - 65946.1] ( Article 4 added by Stats. 2016, Ch. 13, Sec. 7. ) ## 65946. (a) For the purposes of this section, the following definitions shall apply: (1) “Certified access specialist” or “CASp” means any person who has been certified pursuant to Section 4459.5. (2) “Construction-related accessibility standard” means a provision, standard, or regulation under state or federal law requiring compliance with standards for making new construction and existing facilities accessible to persons with disabilities, including, but not limited to, any provision, standard, or regulation set forth in Section 51, 54, 54.1, or 55 of the Civil Code, Section 19955.5 of the Health and Safety Code, the California Building Standards Code (Title 24 of the California Code of Regulations), the federal Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), and the federal Americans with Disabilities Act Accessibility Guidelines (Appendix A to Part 36 of Title 28 of the Code of Federal Regulations). (3) “Written inspection report” means the CASp report required to be provided pursuant to subdivision (a) of Section 55.53 of the Civil Code. (b) A local agency shall expedite review of a project application if the project applicant meets all of the following conditions: (1) The applicant provides a copy of a disability access inspection certificate, provided by a CASp pursuant to subdivision (e) of Section 55.53 of the Civil Code, pertaining to the site of the proposed project. (2) The applicant demonstrates that the proposed project is necessary to address either an alleged violation of a construction-related accessibility standard or a violation noted in a written inspection report. (3) If project plans are necessary for the approval of a project, the applicant has had a CASp review the project plans for compliance with all applicable construction-related accessibility standards. (Added by Stats. 2016, Ch. 13, Sec. 7. (SB 269) Effective May 10, 2016.)
65946.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 4. Expedited Review [65946 - 65946.1] ( Article 4 added by Stats. 2016, Ch. 13, Sec. 7. )
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Local agencies and utility providers must meet expedited post-disaster permit and notice duties, and local agencies must post specified information online.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 4. Expedited Review [65946 - 65946.1] ( Article 4 added by Stats. 2016, Ch. 13, Sec. 7. ) ## 65946.1. (a) For purposes of this section: (1) “Affected property” means a residential real property that satisfies either of the following conditions: (A) The property was destroyed by a disaster that resulted in a declared local emergency. (B) The property was rendered a substandard building as a result of a disaster that resulted in a declared local emergency. (2) “Disaster” has the same meaning as defined in Section 8680.3. (3) Notwithstanding Section 65930, “local agency” means any city, county, or city and county. (4) “Local emergency” has the same meaning as defined in Section 8680.9. (5) “Substandard building” has the same meaning as defined in Section 17920 of the Health and Safety Code. (6) “Utility provider” means an entity that provides a utility service connection and that is subject to the requirements of Chapter 5 (commencing with Section 66000). (b) If a local agency approves a permit necessary to rebuild or repair an affected property, a utility provider shall provide a written notice describing the next steps in the approval process for a connection request for the project within 30 days of receipt of the connection request, unless connection is infeasible due to the disaster. (c) Notwithstanding any other law, after a parcel has been deemed safe for development by the state, a local agency, or the state and a local agency after a disaster that resulted in a declared local emergency, a local agency shall approve or deny a complete application, within 10 business days of receipt of the application, for a building permit or an equivalent permit for any of the following structures intended to be used by a person until the rebuilding or repairing of an affected property is complete: (1) A state-approved or federally approved modular home. (2) A state-approved or federally approved prefabricated home. (3) A detached structure that would meet the applicable requirements to be an accessory dwelling unit for the affected property. (d) (1) A local agency shall provide information to the public about the provisions of this section through public information resources, including, but not limited to, on the local agency’s internet website. (2) A local agency shall include all of the following on its internet website: (A) A checklist of the conditions that would result in a residential property being deemed a substandard building. (B) A notice that a person may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit to rebuild or repair an affected property. (C) For a city, county, or city and county with a population greater than 30,000 residents based on the most recent United States Census Bureau data, a dashboard that tracks permitting timelines and agency performance. (3) A local agency shall comply with this subdivision by March 31, 2028, and shall update the information required to be provided by this subdivision every four years thereafter. (Added by Stats. 2025, Ch. 534, Sec. 1. (AB 818) Effective January 1, 2026.)
6595.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
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Bonds issued under this article may be secured by a trust agreement, and the agreement may include pledges, mortgages, and bondholder protections. Banks or trust companies acting as depositories must provide indemnifying bonds or pledge securities when the authority requires it.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6595. Any bonds issued under this article may be secured by a trust agreement between the authority and a corporate trustee or trustees, which may include any trust company or bank having the powers of a trust company within or without the state. (a) The trust agreement or the resolution providing for the issuance of the bonds may pledge or assign the revenues to be received or the proceeds of any contract or contracts and may convey or mortgage the project or projects, or any portion thereof, to be financed out of the proceeds of the bonds. The trust agreement or resolution providing for the issuance of the bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including provisions specifically authorized to be included in any resolution or resolutions of the authority authorizing bonds. (b) Any bank or trust company doing business under the laws of the state which may act as a depository of the proceeds of bonds or of revenues or other moneys shall furnish indemnifying bonds or pledge securities when required by the authority. (c) The trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition, any trust agreement or resolution may contain other provisions the authority determines to be reasonable and proper for the security of the bondholders. (Added by Stats. 1985, Ch. 868, Sec. 6. Effective September 23, 1985.)
6595.3.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
Verify source ↗

The authority may issue bonds for refunding existing authority debt or for certain project costs, and may invest or apply proceeds and earnings as described.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6595.3. (a) The authority may issue bonds for the purpose of refunding any bonds, notes, or other securities of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued, or to accrue, on their earliest or any subsequent date of redemption, purchase, or maturity of these bonds. The authority may issue bonds for the additional purpose of paying all, or any part of, the costs of constructing and acquiring additions, improvements, extensions, or enlargements of any public capital improvement or any portion thereof. (b) The proceeds of any bonds issued for the purpose of refunding outstanding bonds may be applied to the purchase or retirement at maturity or redemption of those outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or retirement at the maturity thereof and may, pending this application, be placed in escrow to be applied to the purchase or retirement at maturity or redemption of those outstanding bonds on the date as may be determined by the authority. (c) Pending this use, the escrowed proceeds may be invested and reinvested in obligations of, or guaranteed by, the United States, or in certificates of deposit or time deposits secured by obligations of, or guaranteed by, the United States, maturing at the time or times appropriate to assure prompt payment, of the principal, interest, and redemption premium, if any, of the outstanding bonds to be refunded. The interest, income, and profits, if any, earned or realized on the investment may also be applied to the payment of the outstanding bonds to be refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income, and profits, if any, earned or realized on the investments thereof, shall be returned to the authority for use in carrying out the purposes of this article. (d) The portion of the proceeds of the bonds issued for the additional purpose of paying all, or any part of, the costs of construction and acquiring additions, improvements, extensions, or enlargements of any project may be invested and reinvested in obligations of, or guaranteed by, the United States, or in certificates of deposit or time deposits secured by obligations of, or guaranteed by, the United States, maturing not later than the time or times when these proceeds will be needed for the purpose of paying all or any part of the costs. The interest, income, and profits, if any, earned or realized on this investment may be applied to the payment of all, or any part of, the costs or may be used by the authority in carrying out the purposes of this article. (Added by Stats. 1985, Ch. 868, Sec. 6. Effective September 23, 1985.)
6595.5.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
Verify source ↗

Bonds issued by the authority are legal investments for specified trust and public funds, and may be deposited with state or municipal officers or agencies when the deposit is otherwise authorized by law.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6595.5. Bonds issued by the authority are legal investments for all trust funds, the funds of all insurance companies, banks, both commercial and savings, trust companies, executors, administrators, trustees, and other fiduciaries, for state school funds, and for any funds which may be invested in county, municipal, or school district bonds. These bonds are securities which may legally be deposited with, and received by, any state or municipal officer or agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now, or may hereafter be, authorized by law, including deposits to secure public funds. This authorization applies only to the extent that there exists evidence of indebtedness or debt securities of the participating party receiving financing through the issuance of these bonds which qualify for, or are eligible for, these purposes and uses. (Added by Stats. 1985, Ch. 868, Sec. 6. Effective September 23, 1985.)
6595.7.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. )
Verify source ↗

The authority does not have to pay property taxes or assessments on covered public capital improvements or related property while it holds title.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 4. Local Bond Pooling [6584 - 6599.3] ( Article 4 added by Stats. 1985, Ch. 868, Sec. 6. ) ## 6595.7. (a) The authority is not required to pay any property taxes or assessments upon, or with respect to, any public capital improvement or any property acquired by, or for, the authority under this article, or upon the income therefrom, so long as the authority holds title to the public capital improvement or to the property contained in the public capital improvement. (b) The exemption of the authority from taxation of any public capital improvement ceases when title to the property is transferred from the authority to any local agency whose property is otherwise taxable. This section does not exempt any local agency whose property is otherwise taxable from taxation, including, but not limited to, taxation upon a possessory interest, with respect to any public capital improvement, or the property or facilities contained in any public capital improvement which may otherwise be applicable to the participant. (Added by Stats. 1985, Ch. 868, Sec. 6. Effective September 23, 1985.)
65950.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
Verify source ↗

A lead agency must approve or disapprove a development project within the applicable deadline, which ranges from 30 to 180 days depending on the project’s environmental review status and other conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65950. (a) A public agency that is the lead agency for a development project shall approve or disapprove the project within whichever of the following periods is applicable: (1) One hundred eighty days from the date of certification by the lead agency of the environmental impact report, if an environmental impact report is prepared pursuant to Section 21100 or 21151 of the Public Resources Code for the development project. (2) Ninety days from the date of certification by the lead agency of the environmental impact report, if an environmental impact report is prepared pursuant to Section 21100 or 21151 of the Public Resources Code for a development project defined in subdivision (c). (3) Sixty days from the date of certification by the lead agency of the environmental impact report, if an environmental impact report is prepared pursuant to Section 21100 or 21151 of the Public Resources Code for a development project defined in subdivision (c) and all of the following conditions are met: (A) At least 49 percent of the units in the development project are affordable to very low or low-income households, as defined by Sections 50105 and 50079.5 of the Health and Safety Code, respectively. Rents for the lower income units shall be set at an affordable rent, as that term is defined in Section 50053 of the Health and Safety Code, for at least 30 years. Owner-occupied units shall be available at an affordable housing cost, as that term is defined in Section 50052.5 of the Health and Safety Code. (B) Prior to the application being deemed complete for the development project pursuant to Article 3 (commencing with Section 65940), the lead agency received written notice from the project applicant that an application has been made or will be made for an allocation or commitment of financing, tax credits, bond authority, or other financial assistance from a public agency or federal agency, and the notice specifies the financial assistance that has been applied for or will be applied for and the deadline for application for that assistance, the requirement that one of the approvals of the development project by the lead agency is a prerequisite to the application for or approval of the application for financial assistance, and that the financial assistance is necessary for the project to be affordable as required pursuant to subparagraph (A). (C) There is confirmation that the application has been made to the public agency or federal agency prior to certification of the environmental impact report. (4) Sixty days from the date of adoption by the lead agency of the negative declaration, if a negative declaration is completed and adopted for the development project. (5) Sixty days from the determination by the lead agency that the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), if the project is exempt from that act. (6) Except as provided in subdivision (a) of Section 65912.114 and subdivision (a) of Section 65912.124, sixty days from the date of receipt of a complete application if the project is subject to ministerial review by the public agency. (7) If a development project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) pursuant to Section 21080.66 of the Public Resources Code, 30 days from the later of the following dates: (A) The conclusion of the process outlined in subdivision (b) of Section 21080.66 of the Public Resources Code. (B) The expiration of the applicable time limit in paragraph (2) of subdivision (j) of Section 65589.5. (b) This section does not preclude a project applicant and a public agency from mutually agreeing in writing to an extension of any time limit provided by this section pursuant to Section 65957. (c) For purposes of paragraphs (2) and (3) of subdivision (a) and Section 65952, “development project” means a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5. (d) For purposes of this section, “lead agency” and “negative declaration” have the same meaning as defined in Sections 21067 and 21064 of the Public Resources Code, respectively. (Amended by Stats. 2025, Ch. 650, Sec. 4. (SB 158) Effective October 11, 2025.)
65950.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
Verify source ↗

If extra time was granted to finish and certify an environmental impact report, the lead agency must approve or disapprove the project within 90 days after certification.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65950.1. Notwithstanding Section 65950, if there has been an extension of time pursuant to Section 21100.2 or 21151.5 of the Public Resources Code to complete and certify the environmental impact report, the lead agency shall approve or disapprove the project within 90 days after certification of the environmental impact report. (Added by Stats. 1983, Ch. 1240, Sec. 1.)
65950.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
Verify source ↗

If a natural gas development applicant and a public agency agree in writing to expedite actions, the public agency may provide services, hire temporary help, or contract with a private entity to meet the time limits.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65950.5. (a) If an applicant for a development project for natural gas exploration or production and a public agency agree in writing to expedite the public agency’s actions pursuant to Article 3 (commencing with Section 65940) or this article, the public agency may provide the services, contract with a private entity, or employ persons on a temporary basis to perform the services necessary to meet those time limits. (b) The private entities or persons temporarily employed by the public agency may, pursuant to a contract or agreement with the public agency, perform any of the functions necessary to comply with the requirements of Article 3 (commencing with Section 65940), this article, or local ordinances adopted pursuant to those articles, except those functions reserved by those articles or local ordinances to the legislative body of a local agency. (c) A public agency may charge the applicant a fee that does not exceed the estimated reasonable cost of providing the service pursuant to this section. A local agency shall comply with Section 66014, Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020). (Added by Stats. 2004, Ch. 439, Sec. 1. Effective January 1, 2005.)
65951.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
Verify source ↗

If a combined environmental impact report-environmental impact statement is being prepared for a development project, the lead agency must approve or disapprove the project within 90 days after that report-statement is completed and adopted.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65951. In the event that a combined environmental impact report-environmental impact statement is being prepared on a development project pursuant to Section 21083.6 of the Public Resources Code, a lead agency shall approve or disapprove the project within 90 days after the combined environmental impact report-environmental impact statement has been completed and adopted. (Amended by Stats. 1998, Ch. 283, Sec. 3. Effective January 1, 1999.)
65952.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
Verify source ↗

Responsible agencies must approve or disapprove certain development projects within set deadlines, usually 180 days, 45 days, or 90 days depending on the agency and project type.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65952. (a) Except as provided in subdivision (b), a public agency that is a responsible agency for a development project that has been approved by the lead agency shall approve or disapprove the development project within whichever of the following periods of time is longer: (1) Within 180 days from the date on which the lead agency has approved the project. (2) Within 180 days of the date on which the completed application for the development project has been received and accepted as complete by that responsible agency. (b) Except as provided in subdivision (c), a public agency that is a responsible agency for a development project described in paragraph (2) or (3) of subdivision (a) of Section 65950 that has been approved by the lead agency shall approve or disapprove the development project within whichever of the following periods of time is longer: (1) Within 45 days from the date on which the lead agency has approved the project. (2) Within 45 days of the date on which the completed application for the development project has been received and accepted as complete by that responsible agency. (c) (1) Where a responsible agency is either the California Coastal Commission or the San Francisco Bay Conservation and Development Commission for a development project described in paragraph (2) or (3) of subdivision (a) of Section 65950 that has been approved by the lead agency, that responsible agency shall approve or disapprove the development project within whichever of the following periods of time is longer: (A) Within 90 days from the date on which the lead agency has approved the project. (B) Within 90 days of the date on which the completed application for the development project has been received and accepted as complete by that responsible agency. (2) Where the responsible agency is the State Water Resources Control Board or a California Regional Water Quality Control Board for a development project described in paragraph (2) or (3) of subdivision (a) of Section 65950 that has been approved by the lead agency, and the approval being sought from the responsible agency is either an individual waste discharge requirement or any certificate or statement required by any federal agency pursuant to the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) or any other federal water quality control law, that responsible agency shall approve or disapprove the development project within whichever of the following periods of time is longer: (A) Within 90 days from the date on which the lead agency has approved the project. (B) Within 90 days of the date on which the completed application for the development project has been received and accepted as complete by that responsible agency. (d) At the time a decision by a lead agency to disapprove a development project becomes final, applications for that project which are filed with responsible agencies shall be deemed withdrawn. (Amended by Stats. 2025, Ch. 502, Sec. 1. (AB 1007) Effective January 1, 2026.)
65952.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
Verify source ↗

For subdivision development projects, the time limits in Sections 65950 and 65952 apply to approval or disapproval of the tentative map, or the parcel map when no tentative map is required.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65952.1. (a) Except as otherwise provided in subdivision (b), where a development project consists of a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7), the time limits established by Sections 65950 and 65952 shall apply to the approval or disapproval of the tentative map, or the parcel map for which a tentative map is not required. (b) The time limits specified in Sections 66452.1, 66452.2, and 66463 for tentative maps and parcel maps for which a tentative map is not required, shall continue to apply and are not extended by the time limits specified in subdivision (a). (Amended by Stats. 1989, Ch. 847, Sec. 3.)
65952.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
Verify source ↗

A public agency may not disapprove a development project application just to meet the chapter’s time limits.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65952.2. No public agency shall disapprove an application for a development project in order to comply with the time limits specified in this chapter. Any disapproval of an application for a development project shall specify reasons for disapproval other than the failure to timely act in accordance with the time limits specified in this chapter. (Added by Stats. 1993, Ch. 1068, Sec. 3. Effective January 1, 1994.)
65953.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
Verify source ↗

This section says the article’s time limits are maximums for approving or disapproving development projects, and public agencies should act faster if possible.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65953. (a) All time limits specified in this article are maximum time limits for approving or disapproving development projects. All public agencies shall, if possible, approve or disapprove development projects in shorter periods of time. (b) All time limits specified in this article shall only apply to the extent that the time limits are equal to or shorter than the applicable time limits for public agency review established in any other law. (Amended by Stats. 2025, Ch. 22, Sec. 24. (AB 130) Effective June 30, 2025.)
65954.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
Verify source ↗

This section says the article’s time limits do not apply when federal law requires a longer schedule.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65954. The time limits established by this article shall not apply in the event that federal statutes or regulations require time schedules which exceed such time limits. (Added by Stats. 1977, Ch. 1200.)
65955.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
Verify source ↗

This section says the article’s time limits do not apply to certain water-related applications and petitions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65955. The time limits established by this article shall not apply to applications to appropriate water where such applications have been protested pursuant to Chapter 4 (commencing with Section 1330) of Part 2 of Division 2 of the Water Code, or to petitions for changes pursuant to Chapter 10 (commencing with Section 1700) of Part 2 of Division 2 of the Water Code. (Amended by Stats. 1978, Ch. 1113.)
65956.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
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If the agency missed required public notice or a hearing by the deadline, the applicant may sue to force action, and the court must prioritize the case. If the agency does not decide on time, the permit is deemed approved; incomplete applicant information may justify disapproval.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65956. (a) If any provision of law requires the lead agency or responsible agency to provide public notice of the development project or to hold a public hearing, or both, on the development project and the agency has not provided the public notice or held the hearing, or both, at least 60 days prior to the expiration of the time limits established by Sections 65950 and 65952, the applicant or the applicant’s representative may file an action pursuant to Section 1085 of the Code of Civil Procedure to compel the agency to provide the public notice or hold the hearing, or both, and the court shall give the proceedings preference over all other civil actions or proceedings, except older matters of the same character. (b) In the event that a lead agency or a responsible agency fails to act to approve or to disapprove a development project within the time limits required by this article, the failure to act shall be deemed approval of the permit application for the development project. (c) Failure of an applicant to submit complete or adequate information pursuant to Sections 65943 to 65944, inclusive, may constitute grounds for disapproving a development project. (d) Nothing in this section shall diminish the permitting agency’s legal responsibility to provide, where applicable, public notice and hearing before acting on a permit application. (Amended by Stats. 2025, Ch. 22, Sec. 25. (AB 130) Effective June 30, 2025.)
65956.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. )
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An applicant may file a written appeal about an environmental agency’s failure to act on an environmental permit, and the agency must issue a final written determination within 60 calendar days.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. ) ## ARTICLE 5. Approval of Development Permits [65950 - 65957.5] ( Article 5 added by Stats. 1977, Ch. 1200. ) ## 65956.5. (a) Prior to an applicant providing advance notice to an environmental agency of the intent to provide public notice pursuant to subdivision (b) of Section 65956 for action on an environmental permit, the applicant may submit an appeal in writing to the governing body of the environmental agency, or if there is no governing body, to the director of the environmental agency, as provided by the environmental agency, for a determination regarding the failure by the environmental agency to take timely action on the issuance or denial of the environmental permit in accordance with the time limits specified in this chapter. (b) There shall be a final written determination by the environmental agency on the appeal not later than 60 calendar days after receipt of the applicant’s written appeal. The final written determination by the environmental agency shall specify both of the following: (1) The reason or reasons for failing to act pursuant to the time limits in this chapter. (2) A date by which the environmental agency shall act on the permit application. (c) Notwithstanding any other provision of this chapter, any appeal submitted pursuant to subdivision (a) involving an environmental permit from an environmental agency shall be made to the Secretary for Environmental Protection if the environmental agency declines to accept the appeal for a decision pursuant to subdivision (a) or the environmental agency does not make a final written determination pursuant to subdivision (b). (d) Any appeal submitted pursuant to subdivision (a) involving an environmental permit to a board, office, or department within the California Environmental Protection Agency shall be made to the Secretary for Environmental Protection. (e) For purposes of this section, “environmental permit” has the same meaning as defined in Section 71012 of the Public Resources Code, and “environmental agency” has the same meaning as defined in Section 71011 of the Public Resources Code, except that “environmental agency” does not include the agencies described in subdivisions (c) and (h) of Section 71011 of the Public Resources Code. (Added by Stats. 1993, Ch. 419, Sec. 4. Effective January 1, 1994.)

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