Gov. Code § 65863.4
Zoning Regulations: Adoption of Regulations

Gov. Code § 65863.4

Nonconforming multifamily uses before density reductionsTITLE 7. PLANNING AND LAND USE › DIVISION 1. PLANNING AND ZONING › CHAPTER 4. Zoning Regulations › ARTICLE 2. Adoption of Regulations

Key provisions · Claude summary, not statute text

Requires a nonconforming use ordinance for involuntarily damaged or destroyed multifamily dwellings before noticing a hearing on a zoning change that reduces multifamily density.

  • Prerequisite ordinance. Before noticing a hearing on a zoning ordinance or amendment reducing density on property authorized for multifamily use, the planning commission and legislative body must approve a nonconforming use ordinance for involuntarily damaged or destroyed multifamily dwellings, which may be conditioned on approval of the density reduction. (a)
  • Hearing. Both bodies must hold a public hearing with notice under § 65090; notice may be combined with a § 65353 or § 65854 hearing held at the same time. (b)
  • Exclusions. The ordinance need not cover dwellings abandoned for a specified period or constituting a public nuisance before the damage. (c)
  • Definitions. A “multifamily dwelling” is any structure for human habitation divided into two or more legally created independent living quarters. (d)
  • Exceptions and charter cities. Does not apply to jurisdictions that already have such an ordinance or to density reductions requested by the property owner. Otherwise applies to charter cities notwithstanding § 65803. (e), (f)

Paraphrased from the statute text; each point cites its subdivision. Check the text before relying on it.

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§ 65863.46 subdivisions

Source. California Code text from the Legislature's bulk download (the same data as leginfo), reproduced character for character (spacing normalized). Current page on leginfo ↗

History. (Amended by Stats. 2018, Ch. 856, Sec. 8. (SB 1333) Effective January 1, 2019.)

Cites, in this navigator. Gov. Code § 65854

Cited by, in this navigator. Gov. Code § 65915

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Statute text comes from the California Legislative Information page saved for this section; spacing and line breaks are normalized and every other character is reproduced as published. Check leginfo for any amendment made after the page was saved. Not legal advice.