JurisdictionCaliforniaCode GOVGovernment Code - GOV
Div.1.
Title 7.DIVISION 1. PLANNING AND ZONING
Ch. 3.CHAPTER 3. Local Planning
Art. 10.6.ARTICLE 10.6. Housing Elements
This text of California § 65583.4. (65583.4. (Added by Stats. 2022, Ch. 70, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Notwithstanding subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583, subdivision (c) of Section 65583.2, and subparagraph (C) of paragraph (4) of subdivision (e) of Section 65588, a local government shall have three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element to complete any rezonings required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 and subdivision (c) of Section 65583.2 if all of the following apply:
(1)The statutory deadline in Section 65588 for adoption of the sixth revision of the housing element was in the 2021 calendar year.
(2)The local government failed to
adopt a sixth revision of the housing element that the department had found to be in substantial compliance wi
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(a)
Notwithstanding subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583, subdivision (c) of Section 65583.2, and subparagraph (C) of paragraph (4) of subdivision (e) of Section 65588, a local government shall have three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element to complete any rezonings required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 and subdivision (c) of Section 65583.2 if all of the following apply:
(1)
The statutory deadline in Section 65588 for adoption of the sixth revision of the housing element was in the 2021 calendar year.
(2)
The local government failed to
adopt a sixth revision of the housing element that the department had found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element.
(3)
The local government adopts a sixth revision of the housing element and the department finds the adopted element to be in substantial compliance with this article within one year of the statutory deadline established pursuant to Section 65888 for adoption of the housing element.
(b)
(1)
The deadline for completing required rezoning pursuant to subdivision (a) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon
substantial evidence, that any of the following circumstances exist:
(A)
The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(B)
The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(C)
The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
(2)
The resolution and the
findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.