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Housing Element Law40 sectionsGov. Code, Title 7, Div. 1, Ch. 3, Article 10.6. Housing Elements [65580 – 65589.11]
Article 10.6: legislative findings and definitions, what a housing element must contain and how sites are inventoried, the regional housing need allocation, department review and the revision schedule, and related provisions. The Housing Accountability Act (§ 65589.5) and its related sections are listed separately.
Findings and definitions 4
§ 65580Legislative findings“The Legislature finds and declares as follows:”6 subdivisions · Last changed by Stats. 2017, Ch. 375 (AB 1397)
§ 65581Legislative intent“It is the intent of the Legislature in enacting this article:”4 subdivisions · Last changed by Stats. 1980, Ch. 1143
§ 65582Definitions“As used in this article, the following definitions apply unless specified otherwise:”18 subdivisions · Last changed by Stats. 2024, Ch. 282 (AB 3093)Other laws§ 65302§ 50106§ 50105§ 50079.5§ 50093§ 50801
§ 65582.1Reforms and incentives for affordable housing“The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the…”18 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)Refers to§ 65580§ 65589.4§ 65589.7Other laws§ 65589.5§ 65858§ 65863§ 65915§ 65913.1§ 65913.4§ 65914§ 17021.8
§ 65583.05Department guidance on special housing needs“The Department of Housing and Community Development shall publish, by December 31, 2026, advisory guidance, including, but not limited to, sample analyses and programs, pertaining to both of the following:”2 subdivisions · Last changed by Stats. 2024, Ch. 282 (AB 3093)Refers to§ 65583§ 65584.04
§ 65583.1Alternative ways to identify adequate sites“The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate…”4 subdivisions · Last changed by Stats. 2026, Ch. 56 (SB 1426)Refers to§ 65583§ 65584§ 65585§ 65588Other laws§ 65400§ 65863.10§ 50052.5§ 50053
§ 65583.2Inventory of land suitable for residential development“A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community,…”13 subdivisions · Last changed by Stats. 2024, Ch. 282 (AB 3093) · repealed as of December 31, 2028Refers to§ 65583§ 65584§ 65585§ 65588Other laws§ 65400§ 65589.5§ 65915§ 66314§ 66333
§ 65583.3Electronic sites inventory“For a housing element or amendment adopted on or after January 1, 2021, the planning agency shall submit to the department an electronic copy of its inventory of land suitable…”2 subdivisions · Last changed by Stats. 2019, Ch. 667 (SB 6)Refers to§ 65583§ 65585Other laws§ 65301
§ 65583.4Extended rezoning deadline“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…”2 subdivisions · Last changed by Stats. 2022, Ch. 70 (SB 197)Refers to§ 65583§ 65583.2§ 65588Other laws§ 65080
§ 65584.01Department determination of regional need“For the fourth and subsequent revision of the housing element pursuant to Section 65588, the department, in consultation with each council of governments, where applicable, shall determine the existing and…”4 subdivisions · Last changed by Stats. 2025, Ch. 593 (AB 1275)Refers to§ 65584.04§ 65584.06§ 65588
§ 65584.03Subregional entities“At least 28 months prior to the scheduled housing element update required by Section 65588, at least two or more cities and a county, or counties, may form a subregional…”4 subdivisions · Last changed by Stats. 2025, Ch. 593 (AB 1275)Refers to§ 65584§ 65584.04§ 65588
§ 65584.04Allocation methodology“At least two years before a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop, in consultation with the department, a proposed…”14 subdivisions · Last changed by Stats. 2025, Ch. 593 (AB 1275)Refers to§ 65583§ 65584§ 65584.01§ 65588Other laws§ 65400§ 65080
§ 65584.045San Diego Association of Governments, sixth revision“Notwithstanding the requirements of subdivision (m) of Section 65584.04, the resolution approving the final housing need allocation plan for the San Diego Association of Governments’ sixth revision shall use the…”One paragraph · Last changed by Stats. 2019, Ch. 634 (AB 1730)Refers to§ 65584.04
§ 65584.05Draft allocation and appeals“At least one and one-half years before the scheduled revision required by Section 65588, each council of governments and delegate subregion, as applicable, shall distribute a draft allocation of regional…”10 subdivisions · Last changed by Stats. 2024, Ch. 572 (AB 2597)Refers to§ 65584§ 65584.01§ 65584.03§ 65584.04§ 65588Other laws§ 65080
§ 65584.06Cities and counties without a council of governments“For cities and counties without a council of governments, the department shall determine and distribute the existing and projected housing need, in accordance with Section 65584, Section 65584.01, as applicable,…”8 subdivisions · Last changed by Stats. 2024, Ch. 283 (SB 7)Refers to§ 65584§ 65584.01
§ 65584.07Transfers of allocation between a county and cities“During the period between adoption of a final regional housing needs allocation and the due date of the housing element update under Section 65588, the council of governments, subregional entity,…”4 subdivisions · Last changed by Stats. 2024, Ch. 282 (AB 3093)Refers to§ 65584§ 65584.03§ 65584.04§ 65584.06§ 65588
§ 65584.09Carryover of unaccommodated need“For housing elements due pursuant to Section 65588 on or after January 1, 2006, if a city or county in the prior planning period failed to identify or make available…”3 subdivisions · Last changed by Stats. 2005, Ch. 614Refers to§ 65583§ 65584§ 65588
§ 65584.1Council of governments fees“Councils of government may charge a fee to local governments to cover the projected reasonable, actual costs of the council in distributing regional housing needs pursuant to this article. Any…”One paragraph · Last changed by Stats. 2005, Ch. 595Refers to§ 65584§ 65584.01§ 65584.03§ 65584.04§ 65584.05§ 65584.07
§ 65584.2Optional review or appeal of allocation data“A local government may, but is not required to, conduct a review or appeal regarding allocation data provided by the department or the council of governments pertaining the locality’s share…”One paragraph · Last changed by Stats. 2004, Ch. 227
§ 65584.2.2Tribal housing counted toward the allocation“A local government within the same county as a tribe may enter into a voluntary agreement with a tribe to allow new tribal housing development projects to count toward the…”4 subdivisions · Last changed by Stats. 2025, Ch. 519 (SB 507)
§ 65584.3Certain cities in Los Angeles County“A city that is incorporated to promote commerce and industry, that is located in the County of Los Angeles, and that has no residentially zoned land within its boundaries on…”7 subdivisions · Last changed by Stats. 1998, Ch. 829Refers to§ 65583§ 65584§ 65588
§ 65584.6County of Napa“The County of Napa may, during its current housing element planning period, identified in Section 65588, meet up to 15 percent of its existing share of the regional housing need…”5 subdivisions · Last changed by Stats. 2000, Ch. 358Refers to§ 65583§ 65584§ 65588Other laws§ 65400
§ 65585.01Right of the department and Attorney General to intervene“In any suit brought to enforce either this article or any state law listed under subdivision (j) of Section 65585, the department and the office of the Attorney General shall…”One paragraph · Last changed by Stats. 2023, Ch. 763 (AB 1485)Refers to§ 65585
§ 65585.02Inconsistent quantified development standards“For purposes of this section, quantified development standard means a site’s maximum density or requirements for a height limit, setback, maximum or minimum unit size, lot coverage, or floor area…”3 subdivisions · Last changed by Stats. 2025, Ch. 526 (SB 786)Refers to§ 65583§ 65585
§ 65585.03When an element is in substantial compliance“A housing element or amendment shall be considered to be in substantial compliance with this article when the local agency adopts the housing element or amendment for the current planning…”2 subdivisions · Last changed by Stats. 2024, Ch. 267 (AB 1886)Refers to§ 65585
§ 65585.1Notice of violation to the Attorney General“The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in…”2 subdivisions · Last changed by Stats. 2019, Ch. 664 (AB 1486)Refers to§ 65585
§ 65585.3Napa notice of violation“The department shall notify the office of the Attorney General that the County of Napa or the City of Napa, as applicable, is in violation of state law, as provided…”2 subdivisions · Last changed by Stats. 2019, Ch. 844 (SB 235)Refers to§ 65584.08§ 65585
§ 65587Deadlines and challenges to housing elements“Each city, county, or city and county shall bring its housing element, as required by subdivision (c) of Section 65302, into conformity with the requirements of this article on or…”4 subdivisions · Last changed by Stats. 2025, Ch. 526 (SB 786)Refers to§ 65583§ 65588Other laws§ 65302
§ 65588Review and revision schedule“Each local government shall review its housing element as frequently as appropriate to evaluate all of the following:”7 subdivisions · Last changed by Stats. 2025, Ch. 67 (AB 1170)Refers to§ 65583§ 65583.2§ 65584§ 65584.07§ 65585Other laws§ 65080§ 50093
Other provisions 7
§ 65589Limits of the article“Nothing in this article shall require a city, county, or city and county to do any of the following:”4 subdivisions · Last changed by Stats. 1980, Ch. 1143
§ 65589.3Presumption of validity in challenges“In any action filed on or after January 1, 1991, taken to challenge the validity of a housing element, both of the following shall apply, as applicable:”2 subdivisions · Last changed by Stats. 2024, Ch. 269 (AB 2023)Refers to§ 65585
§ 65589.4Attached housing as a permitted use“An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides…”8 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)Refers to§ 65583Other laws§ 66313§ 50052.5§ 50105§ 50079.5§ 21159.22§ 21159.23§ 21159.24
§ 65589.7Delivery to water and sewer providers; priority“The housing element adopted by the legislative body and any amendments made to that element shall be immediately delivered to all public agencies or private entities that provide water or…”6 subdivisions · Last changed by Stats. 2005, Ch. 727Other laws§ 50052.5§ 50053§ 50079.5
§ 65589.8Affordable rental option for inclusionary requirements“A local government which adopts a requirement in its housing element that a housing development contain a fixed percentage of affordable housing units, shall permit a developer to satisfy all…”One paragraph · Last changed by Stats. 1983, Ch. 787
§ 65589.9Prohousing designation incentives“It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of…”6 subdivisions · Last changed by Stats. 2025, Ch. 513 (SB 262)Refers to§ 65583§ 65585Other laws§ 66314§ 65650§ 65660
§ 65589.11Monthly list of noncompliant jurisdictions“The department shall post on its internet website each month a list of jurisdictions that have failed to adopt a housing element that has been found by the department to…”7 subdivisions · Last changed by Stats. 2023, Ch. 40 (AB 129)Refers to§ 65585
Authority for and Scope of General Plans24 sectionsGov. Code, Title 7, Div. 1, Ch. 3, Article 5. Authority for and Scope of General Plans [65300 – 65303.4]
Each city and county must adopt a comprehensive, long-term general plan. This article sets the plan’s purpose and internal consistency, the mandatory elements in § 65302 (land use, circulation, housing, conservation, open space, noise, safety and environmental justice), and the related rules for safety and flood planning, airports, air quality, disadvantaged communities and electrification.
Purpose and scope 6
§ 65300Duty to prepare and adopt a general plan“Each planning agency shall prepare and the legislative body of each county and city shall adopt a comprehensive, long-term general plan for the physical development of the county or city,…”One paragraph · Last changed by Stats. 1984, Ch. 1009Refers to§ 65302
§ 65300.5Internal consistency and climate adaptation intent“In construing the provisions of this article, the Legislature intends that the general plan and elements and parts thereof comprise an integrated, internally consistent and compatible statement of policies for…”2 subdivisions · Last changed by Stats. 2022, Ch. 710 (SB 932)Refers to§ 65302
§ 65300.7Flexibility to fit local conditions“The Legislature finds that the diversity of the state’s communities and their residents requires planning agencies and legislative bodies to implement this article in ways that accommodate local conditions and…”One paragraph · Last changed by Stats. 1980, Ch. 837
§ 65300.9Varying local capacity and budget coordination“The Legislature recognizes that the capacity of California cities and counties to respond to state planning laws varies due to the legal differences between cities and counties, both charter and…”One paragraph · Last changed by Stats. 1984, Ch. 1009
§ 65301General plan format, scope, and level of detail“The general plan shall be so prepared that all or individual elements of it may be adopted by the legislative body, and so that it may be adopted by the…”3 subdivisions · Last changed by Stats. 2006, Ch. 890Refers to§ 65302Other laws§ 65585
§ 65301.5Plan adoption is a reviewable legislative act“The adoption of the general plan or any part or element thereof or the adoption of any amendment to such plan or any part or element thereof is a legislative…”One paragraph · Last changed by Stats. 1980, Ch. 837
Mandatory elements 1
§ 65302Required elements of every general plan“The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan…”8 subdivisions · Last changed by Stats. 2025, Ch. 67 (AB 1170)Other laws§ 65580§ 50093
Safety, flood and hazard planning 8
§ 65300.2Definitions of 200-year flood plain and levee zone“For the purposes of this article, a 200-year flood plain is an area that has a 1 in 200 chance of flooding in any given year, based on hydrological modeling…”2 subdivisions · Last changed by Stats. 2007, Ch. 369
§ 65302.01Extreme heat in the safety element“Upon the next update of one or more elements described in Section 65302, on or after January 1, 2028, the safety element shall be reviewed and updated as necessary to…”3 subdivisions · Last changed by Stats. 2024, Ch. 1009 (AB 2684)Refers to§ 65302
§ 65302.5State and fire agency review of safety elements“At least 45 days prior to adoption or amendment of the safety element, each county and city shall submit to the California Geological Survey of the Department of Conservation one…”2 subdivisions · Last changed by Stats. 2018, Ch. 641 (AB 2911)
§ 65302.6Adopting a local hazard mitigation plan“A city, county, or a city and county may adopt with its safety element pursuant to subdivision (g) of Section 65302 a local hazard mitigation plan (HMP) specified in the…”2 subdivisions · Last changed by Stats. 2013, Ch. 352 (AB 1317)Refers to§ 65302
§ 65302.7Flood agency review in the Central Valley“For the purposes of complying with Section 65302.5, each county or city located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501…”4 subdivisions · Last changed by Stats. 2007, Ch. 369Refers to§ 65302.5
§ 65302.9Sacramento-San Joaquin Valley flood protection amendments“Within 24 months of July 2, 2013, each city and county within the Sacramento-San Joaquin Valley shall amend its general plan to contain all of the following:”6 subdivisions · Last changed by Stats. 2012, Ch. 553 (SB 1278)Refers to§ 65300.5§ 65300.7§ 65300.9§ 65301
§ 65302.15Evacuation routes and periodic safety element review“Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2022,…”2 subdivisions · Last changed by Stats. 2021, Ch. 481 (AB 1409)Refers to§ 65302
§ 65303.4State assistance on flood and land management“The Department of Water Resources or the Central Valley Flood Protection Board, as appropriate, and the Department of Fish and Game may develop site design and planning policies to assist…”One paragraph · Last changed by Stats. 2007, Ch. 369
Other element requirements 8
§ 65302.02Truck routes in warehouse concentration regions“A county or city that is located in a warehouse concentration region, as defined in Section 65098, shall update its circulation element, as required by subdivision (b) of Section 65302,…”11 subdivisions · Last changed by Stats. 2025, Ch. 316 (SB 415)Refers to§ 65302
§ 65302.1San Joaquin Valley air quality amendments“The Legislature finds and declares all of the following:”6 subdivisions · Last changed by Stats. 2003, Ch. 472Other laws§ 65588
§ 65302.2Urban water management plans as source documents“Upon the adoption, or revision, of a city or county’s general plan, on or after January 1, 1996, the city or county shall utilize as a source document any urban…”One paragraph · Last changed by Stats. 1995, Ch. 881
§ 65302.3Consistency with airport land use compatibility plans“The general plan, and any applicable specific plan prepared pursuant to Article 8 (commencing with Section 65450), shall be consistent with the plan adopted or amended pursuant to Section 21675…”4 subdivisions · Last changed by Stats. 2002, Ch. 971
§ 65302.4Urban form and design in the land use element“The text and diagrams in the land use element that address the location and extent of land uses, and the zoning ordinances that implement these provisions, may also express community…”One paragraph · Last changed by Stats. 2004, Ch. 179
§ 65302.8Findings for limits on annual housing units“If a county or city, including a charter city, adopts or amends a mandatory general plan element which operates to limit the number of housing units which may be constructed…”4 subdivisions · Last changed by Stats. 1980, Ch. 823Refers to§ 65302
§ 65302.10Disadvantaged unincorporated communities in land use element“As used in this section, the following terms shall have the following meanings:”3 subdivisions · Last changed by Stats. 2012, Ch. 330 (SB 1090)Other laws§ 65588
§ 65302.13Electrification and decarbonization plans for larger jurisdictions“On or after January 1, 2027, but no later than January 1, 2030, each city, county, or city and county shall prepare and adopt an electrification plan, decarbonization plan, community…”5 subdivisions · Last changed by Stats. 2025, Ch. 356 (AB 39)Other laws§ 50105§ 50093
Optional elements 1
§ 65303Optional general plan elements“The general plan may include any other elements or address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or…”One paragraph · Last changed by Stats. 1984, Ch. 1009
Administration of the General Plan (Annual Progress Report)7 sectionsGov. Code, Title 7, Div. 1, Ch. 3, Article 7. Administration of General Plan [65400 – 65404]
Implementing the adopted general plan: the planning agency’s annual progress report on the general plan and housing element (§ 65400), credit for converted affordable units in that report, and review of public works and property actions for consistency with the plan.
§ 65400.2Counting converted moderate-income units in the annual report“For purposes of the housing element portion of the annual report required by paragraph (2) of subdivision (a) of Section 65400, for up to 25 percent of a jurisdiction’s moderate-income…”4 subdivisions · Last changed by Stats. 2021, Ch. 350 (AB 787)Refers to§ 65400
§ 65400.3Counting converted lower income units in the annual report“For purposes of this section:”4 subdivisions · Last changed by Stats. 2025, Ch. 701 (AB 670)Refers to§ 65400Other laws§ 65582§ 50052.5§ 50053
Public works and plan consistency 4
§ 65401Annual review of proposed public works“If a general plan or part thereof has been adopted, within such time as may be fixed by the legislative body, each county or city officer, department, board, or commission,…”One paragraph · Last changed by Stats. 1970, Ch. 1590
§ 65402Property and public works consistency with the general plan“If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no…”3 subdivisions · Last changed by Stats. 1974, Ch. 700
§ 65403Capital improvement programs of special and school districts“Each special district, each unified, elementary, and high school district, and each agency created by a joint powers agreement pursuant to Article 1 (commencing with Section 6500) of Chapter 5…”4 subdivisions · Last changed by Stats. 1984, Ch. 1009
§ 65404State processes to resolve planning conflicts“On or before January 1, 2005, the Governor shall develop processes to do all of the following:”2 subdivisions · Last changed by Stats. 2004, Ch. 906
Housing Accountability Act5 sectionsGov. Code § 65589.5 · Article 10.6. Housing Elements · named in subdivision (q)
Limits on a local agency’s ability to disapprove, or condition approval of, housing development projects and emergency shelters, with the related sections that follow it in Article 10.6.
§ 65589.5.1CEQA determinations as disapproval“For the purposes of Section 65589.5, the definition of disapprove the housing development project may include any instance in which a local agency fails to make a determination of whether…”4 subdivisions · Last changed by Stats. 2024, Ch. 265 (AB 1413) · repealed as of January 1, 2031Refers to§ 65589.5Other laws§ 65913.4§ 65943
§ 65589.5.2Environmental documents as disapproval“For the purposes of Section 65589.5, the definition of disapprove the housing development project may include any instance in which a local agency fails to adopt a negative declaration or…”3 subdivisions · Last changed by Stats. 2024, Ch. 265 (AB 1413) · repealed as of January 1, 2031Refers to§ 65589.5Other laws§ 65913.4
§ 65589.55Substantial compliance for subdivision (d)“For purposes of a local agency’s approval, conditional approval, or disapproval of a housing development project pursuant to subdivision (d) of Section 65589.5, a housing element or amendment shall be…”2 subdivisions · Last changed by Stats. 2024, Ch. 267 (AB 1886)Refers to§ 65589.5Other laws§ 65941.1§ 65943
§ 65589.6Record and findings in challenges to disapproval“In any action taken to challenge the validity of a decision by a city, county, or city and county to disapprove a project or approve a project upon the condition…”One paragraph · Last changed by Stats. 1984, Ch. 1104Refers to§ 65589.5
Affordable Housing and High Road Jobs Act of 2022 (AB 2011)10 sectionsGov. Code, Title 7, Div. 1, Chapter 4.1 [65912.100 – 65912.140]
A housing development is a use by right with streamlined, ministerial review under § 65912.124 if it satisfies all of the requirements in §§ 65912.121, 65912.122 and 65912.123 (§ 65912.120). Approved projects must meet the labor standards in Article 4.
Article 1 · General provisions and definitions 2
§ 65912.100Short title of the chapter“This chapter shall be known and cited as the Affordable Housing and High Road Jobs Act of 2022.”One paragraph · Last changed by Stats. 2022, Ch. 647 (AB 2011) · repealed as of January 1, 2033
§ 65912.101Affordable Housing and High Road Jobs Act definitions“For purposes of this chapter:”26 subdivisions · Last changed by Stats. 2025, Ch. 500 (AB 893) · repealed as of January 1, 2033Other laws§ 65589.5§ 65915§ 50106§ 50105§ 50079.5§ 50093
Article 2 · 100 percent affordable developments in commercial zones 1
§ 65912.110Use by right, streamlined ministerial review“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…”One paragraph · Last changed by Stats. 2022, Ch. 647 (AB 2011) · repealed as of January 1, 2033
Article 3 · Entry point 1
§ 65912.120Use by right, streamlined ministerial review“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…”One paragraph · Last changed by Stats. 2022, Ch. 647 (AB 2011) · repealed as of January 1, 2033Refers to§ 65912.121§ 65912.122§ 65912.123§ 65912.124
Article 3 · Must satisfy all three 3
§ 65912.121Site criteria“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…”10 subdivisions · Last changed by Stats. 2025, Ch. 500 (AB 893) · repealed as of January 1, 2033Refers to§ 65912.124Other laws§ 65913.4§ 21080.3.1§ 21080.3.2
§ 65912.122Affordability criteria“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…”4 subdivisions · Last changed by Stats. 2025, Ch. 500 (AB 893) · repealed as of January 1, 2033Refers to§ 65912.124Other laws§ 50052.5§ 50053
§ 65912.123Objective development standards“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:”10 subdivisions · Last changed by Stats. 2025, Ch. 500 (AB 893) · repealed as of January 1, 2033Refers to§ 65912.124Other laws§ 65583.2§ 65915
Article 3 · Review 1
§ 65912.124Consistency determination and review“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…”19 subdivisions · Last changed by Stats. 2025, Ch. 500 (AB 893) · repealed as of January 1, 2033Refers to§ 65912.121§ 65912.123Other laws§ 65583§ 65583.2§ 65589.5§ 65915§ 65913.4§ 66300.5
Article 4 · Labor standards 2
§ 65912.130Labor standards“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…”6 subdivisions · Last changed by Stats. 2023, Ch. 39 (AB 130) · repealed as of January 1, 2033Refers to§ 65912.110§ 65912.120
§ 65912.131Additional labor standards, 50 or more units“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…”7 subdivisions · Last changed by Stats. 2025, Ch. 774 (SB 597) · repealed as of January 1, 2033Refers to§ 65912.110§ 65912.120§ 65912.130
Zoning Regulations: Adoption of Regulations59 sectionsGov. Code, Title 7, Div. 1, Chapter 4, Article 2. Adoption of Regulations [65850 – 65863.13]
Article 2 of the zoning chapter: local zoning authority, statewide rules for particular uses and housing types, the procedure for adopting zoning, and housing protections including no net loss, parking limits, and notice before assisted housing converts. The Middle Class Housing Act (§ 65852.24) is listed separately under SB 6, and the townhome section added by AB 1751 (§ 65852.30) under Townhomes.
Zoning authority 9
§ 65850Zoning ordinances: scope of local authority“The legislative body of any county or city may, pursuant to this chapter, adopt ordinances that do any of the following:”7 subdivisions · Last changed by Stats. 2017, Ch. 376 (AB 1505)Other laws§ 50106§ 50105§ 50079.5§ 50093
§ 65850.01Department review of inclusionary rental requirements“The Department of Housing and Community Development, hereafter referred to as the department in this section, shall have the authority to review an ordinance adopted or amended by a county…”7 subdivisions · Last changed by Stats. 2023, Ch. 770 (AB 1764)Other laws§ 65584.04§ 65584.05§ 65584.06§ 65588§ 65400§ 50093
§ 65850.02No hearing to add bedrooms within existing space“Notwithstanding any other local law, with respect to land zoned for residential use, the legislative body of a city or county shall not adopt or enforce an ordinance requiring a…”4 subdivisions · Last changed by Stats. 2022, Ch. 635 (AB 916)
§ 65850.1Commercial filming permits“The legislative body of any city or county may adopt an ordinance or other regulation governing the issuance of permits to engage in the use of property for occasional commercial…”3 subdivisions · Last changed by Stats. 1996, Ch. 799
§ 65850.2Hazardous materials disclosures on applications“Each city and each county shall include, in its information list compiled pursuant to Section 65940 for development projects, or application form for projects that do not require a development…”9 subdivisions · Last changed by Stats. 2021, Ch. 115 (AB 148)Other laws§ 65940§ 65943
§ 65850.3Amateur radio antennas“Any ordinance adopted by the legislative body of a city or county that regulates amateur radio station antenna structures shall allow those structures to be erected at heights and dimensions…”One paragraph · Last changed by Stats. 2003, Ch. 50
§ 65850.4Sexually oriented businesses“The legislative body of any county or city may regulate, pursuant to a content neutral ordinance, the time, place, and manner of operation of sexually oriented businesses, when the ordinance…”5 subdivisions · Last changed by Stats. 1999, Ch. 550
§ 65851Zones“For such purposes the legislative body may divide a county, a city, or portions thereof, into zones of the number, shape and area it deems best suited to carry out…”One paragraph · Last changed by Stats. 1965, Ch. 1880
§ 65852Uniform regulations within each zone“All such regulations shall be uniform for each class or kind of building or use of land throughout each zone, but the regulation in one type of zone may differ…”One paragraph · Last changed by Stats. 1965, Ch. 1880
Energy, telecommunications, and vehicles 10
§ 65850.5Solar energy systems“The implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is not a municipal affair, as that term is used in Section 5…”10 subdivisions · Last changed by Stats. 2019, Ch. 494 (AB 754)
§ 65850.52Solar energy permitting platform“For purposes of this section, the following definitions apply:”9 subdivisions · Last changed by Stats. 2023, Ch. 131 (AB 1754)
§ 65850.55Solar permit fees“The Legislature finds and declares that oversight of permitting fees for solar energy systems is a matter of statewide concern and not a municipal affair, as that term is used…”3 subdivisions · Last changed by Stats. 2012, Ch. 538 (AB 1801)
§ 65850.6Wireless colocation facilities“A colocation facility shall be a permitted use not subject to a city or county discretionary permit if it satisfies the following requirements:”6 subdivisions · Last changed by Stats. 2017, Ch. 561 (AB 1516)
§ 65850.7Electric vehicle charging and hydrogen-fueling stations“The Legislature finds and declares all of the following:”10 subdivisions · Last changed by Stats. 2024, Ch. 607 (SB 1418) · repealed as of January 1, 2030
§ 65850.71Electric vehicle charging station permits“The Legislature finds and declares both of the following:”6 subdivisions · Last changed by Stats. 2021, Ch. 710 (AB 970)Refers to§ 65850.7
§ 65850.72Electric vehicle charging station permitting“For purposes of this section, the following definitions apply:”6 subdivisions · Last changed by Stats. 2024, Ch. 567 (AB 2427)
§ 65850.75Emergency standby generators“For purposes of this section, the following terms have the following meanings:”8 subdivisions · Last changed by Stats. 2020, Ch. 255 (AB 2421) · repealed as of January 1, 2024
§ 65850.8Energy storage permitting“On or before September 30, 2018, every city, including a charter city, county, or city and county with a population of 200,000 or more residents, and on or before January…”3 subdivisions · Last changed by Stats. 2017, Ch. 380 (AB 546)
§ 65850.9Electric vehicle types“A city, county, or city and county shall not restrict which types of electric vehicles, including, but not limited to, plug-in hybrid vehicles, may access an electric vehicle charging station…”2 subdivisions · Last changed by Stats. 2018, Ch. 368 (SB 1000)
Housing types and uses 14
§ 65852.1Second units for older or disabled persons“Notwithstanding Section 65906, any city, including a charter city, county, or city and county may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit…”2 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)Other laws§ 66314
§ 65852.21Two-unit projects (SB 9)“A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing…”11 subdivisions · Last changed by Stats. 2026, Ch. 56 (SB 1426)Other laws§ 65589.5§ 65913.4§ 66314§ 66333§ 66411.7
§ 65852.25Rebuilding damaged multifamily dwellings“No local agency shall enact or enforce any ordinance, regulation, or resolution that would prohibit the reconstruction, restoration, or rebuilding of a multifamily dwelling that is involuntarily damaged or destroyed…”8 subdivisions · Last changed by Stats. 2018, Ch. 856 (SB 1333)
§ 65852.27Accessory dwelling unit preapproval program“Each local agency shall, by January 1, 2025, develop a program for the preapproval of accessory dwelling unit plans. The program shall comply with all of the following:”4 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)Other laws§ 66313§ 66314§ 66317§ 66320
§ 65852.28Small-lot housing on subdivided lots“Except as provided in subdivision (h), a development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to Section 66499.41 and that…”9 subdivisions · Last changed by Stats. 2026, Ch. 1006 (SB 1090) · repealed as of January 1, 2030Refers to§ 65852.21Other laws§ 65583.2§ 65589.5§ 66499.41§ 65940§ 65941§ 65941.5§ 50052.5§ 50053
§ 65852.3Manufactured homes on single-family lots“A city, including a charter city, county, or city and county, shall allow the installation of manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of…”2 subdivisions · Last changed by Stats. 1994, Ch. 896
§ 65852.35Manufactured housing in home ownership programs“Notwithstanding any other law, all state and local programs designed to facilitate home ownership or residence, including loan origination and repayment programs, downpayment assistance, and tax credits, shall include manufactured…”2 subdivisions · Last changed by Stats. 2017, Ch. 727 (SB 329)
§ 65852.4Manufactured homes on foundations“A city, including a charter city, a county, or a city and county, shall not subject an application to locate or install a manufactured home certified under the National Manufactured…”One paragraph · Last changed by Stats. 1988, Ch. 1572Refers to§ 65852.3
§ 65852.5Manufactured home architectural standards“Notwithstanding the provisions of Section 65852.3, no city, including a charter city, county, or city and county, may impose size requirements for a roof overhang of a manufactured home subject…”One paragraph · Last changed by Stats. 1990, Ch. 1223Refers to§ 65852§ 65852.3
§ 65852.6Homing pigeons“It is the policy of the state to permit breeding and the maintaining of homing pigeons consistent with the preservation of public health and safety.”2 subdivisions · Last changed by Stats. 1991, Ch. 1091
§ 65852.7Mobilehome parks as a permitted use“A mobilehome park, as defined in Section 18214 of the Health and Safety Code, shall be deemed a permitted land use on all land planned and zoned for residential land…”One paragraph · Last changed by Stats. 1981, Ch. 974
§ 65852.8Additions to existing mobilehome parks“An owner of an existing mobilehome park who is subject to, or intends to qualify for, a valid permit to operate issued pursuant to Section 18505 of the Health and…”11 subdivisions · Last changed by Stats. 2025, Ch. 67 (AB 1170)Refers to§ 65863.7
§ 65852.9Unused schoolsites“The Legislature recognizes that unused schoolsites represent a potentially major source of revenue for school districts and that current law reserves a percentage of unused schoolsites for park and recreational…”4 subdivisions · Last changed by Stats. 2006, Ch. 538
§ 65852.11Mobilehome park rental agreements“No city or county, including a charter city, county, or city and county, which has adopted or enacted a local rent control ordinance for mobilehome park spaces, shall adopt or…”3 subdivisions · Last changed by Stats. 1993, Ch. 858
Adopting and amending zoning 11
§ 65853Zoning changes: ordinance and hearing“A zoning ordinance or an amendment to a zoning ordinance, which amendment changes any property from one zone to another or imposes any regulation listed in Section 65850 not theretofore…”One paragraph · Last changed by Stats. 1972, Ch. 384Refers to§ 65850§ 65854§ 65857
§ 65854Planning commission hearing“The planning commission shall hold a public hearing on the proposed zoning ordinance or amendment to a zoning ordinance.”2 subdivisions · Last changed by Stats. 2024, Ch. 747 (AB 2904)
§ 65855Planning commission recommendation“After the hearing, the planning commission shall render its decision in the form of a written recommendation to the legislative body. Such recommendation shall include the reasons for the recommendation,…”One paragraph · Last changed by Stats. 1972, Ch. 639
§ 65856Legislative body hearing“Upon receipt of the recommendation of the planning commission, the legislative body shall hold a public hearing. However, if the matter under consideration is an amendment to a zoning ordinance…”2 subdivisions · Last changed by Stats. 1984, Ch. 1009
§ 65857Legislative body action“The legislative body may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed ordinance or amendment by the legislative body not previously…”One paragraph · Last changed by Stats. 1973, Ch. 600
§ 65858Interim urgency ordinances“Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to…”8 subdivisions · Last changed by Stats. 2001, Ch. 939Other laws§ 50079.5
§ 65859Prezoning“A city may, pursuant to this chapter, prezone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the city.”3 subdivisions · Last changed by Stats. 1994, Ch. 939Refers to§ 65858
§ 65860Consistency with the general plan“County or city zoning ordinances shall be consistent with the general plan of the county or city by January 1, 1974. A zoning ordinance shall be consistent with a city…”4 subdivisions · Last changed by Stats. 2023, Ch. 748 (AB 821)Other laws§ 65589.5
§ 65860.1Zoning for flood protection“Not more than 12 months after the amendment of its general plan pursuant to Section 65302.9, each city and county within the Sacramento-San Joaquin Valley shall amend its zoning ordinance…”3 subdivisions · Last changed by Stats. 2012, Ch. 553 (SB 1278)Other laws§ 65302.9
§ 65861When there is no planning commission“When there is no planning commission, the legislative body of the city or county shall do all things required or authorized by this chapter of the planning commission.”One paragraph · Last changed by Stats. 1995, Ch. 686
§ 65862Resolving inconsistency with the general plan“When inconsistency between the general plan and zoning arises as a result of adoption of or amendment to a general plan, or any element thereof, hearings held pursuant to Section…”One paragraph · Last changed by Stats. 1980, Ch. 1152Refers to§ 65854§ 65856§ 65860
No net loss, parking, and conversions 15
§ 65863No net loss of residential capacity“Each city, county, or city and county shall ensure that its housing element inventory described in paragraph (3) of subdivision (a) of Section 65583 or its housing element program to…”10 subdivisions · Last changed by Stats. 2022, Ch. 654 (AB 2339)Other laws§ 65580§ 65583§ 65583.2§ 65584§ 65584.05§ 65584.09§ 65588
§ 65863.1Parking requirements and housing“For the purposes of this section:”13 subdivisions · Last changed by Stats. 2023, Ch. 749 (AB 894)
§ 65863.2No minimum parking near public transit“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…”9 subdivisions · Last changed by Stats. 2022, Ch. 459 (AB 2097)Other laws§ 65583§ 65584§ 65589.5§ 50079.5§ 50093
§ 65863.2.1Parking and the public right-of-way“For purposes of this section:”3 subdivisions · Last changed by Stats. 2024, Ch. 415 (AB 2712)Refers to§ 65863.2Other laws§ 50106§ 50105§ 50079.5
§ 65863.3Parking for single-family residences“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…”4 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)Other laws§ 66314
§ 65863.4Nonconforming multifamily uses before density reductions“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…”6 subdivisions · Last changed by Stats. 2018, Ch. 856 (SB 1333)Refers to§ 65854
§ 65863.5Notice of zoning changes to the assessor“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…”One paragraph · Last changed by Stats. 1980, Ch. 411
§ 65863.6Balancing regional housing needs“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…”2 subdivisions · Last changed by Stats. 2018, Ch. 856 (SB 1333)
§ 65863.7Mobilehome park conversions“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…”12 subdivisions · Last changed by Stats. 2025, Ch. 547 (SB 610)Refers to§ 65863.8
§ 65863.8Mobilehome park conversion notice“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…”2 subdivisions · Last changed by Stats. 2018, Ch. 856 (SB 1333)
§ 65863.9Planned unit development permit expiration“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…”One paragraph · Last changed by Stats. 1984, Ch. 990
§ 65863.11Right of first offer for assisted housing“Terms used in this section shall be defined as follows:”18 subdivisions · Last changed by Stats. 2025, Ch. 203 (AB 1529)Refers to§ 65863.10§ 65863.13Other laws§ 50105§ 50093
§ 65863.12Floating home marina conversions“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…”10 subdivisions · Last changed by Stats. 2009, Ch. 500 (AB 1059)
§ 65863.13Exemption from assisted housing notices“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…”3 subdivisions · Last changed by Stats. 2024, Ch. 281 (AB 2926)Refers to§ 65863.10§ 65863.11
Density Bonus Law12 sectionsGov. Code, Title 7, Div. 1, Chapter 4.3. Density Bonuses and Other Incentives [65915 – 65918]
Chapter 4.3: density bonuses, incentives and concessions, waivers, and parking ratios for qualifying housing developments, and related bonuses.
The density bonus 1
§ 65915Density bonuses, incentives, waivers, and parking“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…”22 subdivisions · Last changed by Stats. 2025, Ch. 486 (AB 87)Other laws§ 65583.2§ 65589.5§ 65863.4§ 65943§ 50052.5§ 50053§ 50105§ 50079.5§ 50093
Related provisions 11
§ 65915.1Affordable housing impact fees“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.”One paragraph · Last changed by Stats. 2021, Ch. 346 (AB 571)Refers to§ 65915
§ 65915.2Local bonuses above the state minimum“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…”One paragraph · Last changed by Stats. 2021, Ch. 348 (AB 634)Refers to§ 65915
§ 65915.3Monitoring fees“As used in this section, the following terms have the following meanings:”5 subdivisions · Last changed by Stats. 2025, Ch. 67 (AB 1170)Refers to§ 65915
§ 65915.5Condominium conversions“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…”8 subdivisions · Last changed by Stats. 2014, Ch. 682 (AB 2222)Refers to§ 65915Other laws§ 50079.5§ 50093
§ 65915.7Commercial development bonuses for partnered housing“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…”13 subdivisions · Last changed by Stats. 2022, Ch. 637 (AB 1551) · repealed as of January 1, 2028Refers to§ 65915Other laws§ 65400
§ 65915.9Hotel and motel ground rent: no valuation on unvested density bonuses (AB 2181)“Notwithstanding Section 65915, land improved with an operating hotel or motel shall not be valued, for purposes of establishing, adjusting, or resetting ground rent under an existing lease, based on…”2 subdivisions · Last changed by Stats. 2026, Ch. 924 (AB 2181)Refers to§ 65915
§ 65916Direct financial contributions“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…”One paragraph · Last changed by Stats. 1979, Ch. 1207Refers to§ 65915
§ 65917Intent: bonuses must contribute to affordability“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…”One paragraph · Last changed by Stats. 2001, Ch. 115Refers to§ 65915
§ 65917.2Floor area ratio bonus near transit“As used in this section, the following terms shall have the following meanings:”7 subdivisions · Last changed by Stats. 2018, Ch. 915 (AB 2372)Refers to§ 65915Other laws§ 50093
§ 65917.5Child care facilities“As used in this section, the following terms shall have the following meanings:”7 subdivisions · Last changed by Stats. 2008, Ch. 179
§ 65918Applies to charter cities“The provisions of this chapter shall apply to charter cities.”One paragraph · Last changed by Stats. 1979, Ch. 1207
Middle Class Housing Act of 2022 (SB 6)1 sectionGov. Code § 65852.24 · Chapter 4, Article 2. Adoption of Regulations · named in subdivision (a)(1)
A housing development project is deemed an allowable use on a parcel within a zone where office, retail, or parking are a principally permitted use if it complies with all of subdivision (b).
§ 65852.24Housing as an allowable use in office, retail, or parking zones“This section shall be known, and may be cited, as the Middle Class Housing Act of 2022.”12 subdivisions · Last changed by Stats. 2026, Ch. 56 (SB 1426) · repealed as of January 1, 2033Other laws§ 65583.2§ 65589.5§ 65912.101§ 65915§ 65913.4§ 8899.50§ 65080
Housing Development Approvals (incl. SB 35)24 sectionsGov. Code, Title 7, Div. 1, Chapter 4.2. Housing Development Approvals [65913 – 65914.8]
Chapter 4.2: limits on how local agencies review and condition housing, including the SB 35 / SB 423 streamlined ministerial approval process (§ 65913.4), postentitlement permit timelines, by-right housing on particular kinds of land, and remedies against agencies that violate housing laws.
Findings and local duties 6
§ 65913Findings: shortage of affordable housing“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…”2 subdivisions · Last changed by Stats. 1985, Ch. 1117Other laws§ 65583
§ 65913.1Zoning sufficient land for residential use“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…”2 subdivisions · Last changed by Stats. 2001, Ch. 939Other laws§ 65580§ 50079.5§ 50093
§ 65913.2Limits on subdivision design and improvement criteria“In exercising its authority to regulate subdivisions under Division 2 (commencing with Section 66410), a city, county, or city and county shall:”3 subdivisions · Last changed by Stats. 1983, Ch. 367
§ 65913.7Court-ordered compliance with §§ 65913.1 and 65913.2“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…”One paragraph · Last changed by Stats. 1982, Ch. 1355Refers to§ 65913.1§ 65913.2
§ 65913.8Capital facility fees may not fund maintenance“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…”2 subdivisions · Last changed by Stats. 1988, Ch. 1309
§ 65913.9Applies to charter cities: statewide concern“This chapter shall apply to all cities, including charter cities, counties, and cities and counties.”One paragraph · Last changed by Stats. 1982, Ch. 1355
Permits and approval timelines 4
§ 65913.3Postentitlement phase permits: checklists and time limits“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…”11 subdivisions · Last changed by Stats. 2025, Ch. 488 (AB 301)Refers to§ 65913.3.5§ 65913.4Other laws§ 65589.5§ 65905.5
§ 65913.3.1Special district service and postentitlement applications“This section applies to both of the following:”7 subdivisions · Last changed by Stats. 2023, Ch. 735 (AB 281)Refers to§ 65913.3Other laws§ 65905.5
§ 65913.3.5Online postentitlement permit applications“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…”4 subdivisions · Last changed by Stats. 2022, Ch. 651 (AB 2234)Refers to§ 65913.3
§ 65914.418-month extension of housing entitlements“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,…”6 subdivisions · Last changed by Stats. 2024, Ch. 737 (AB 2729)Other laws§ 65915§ 65941.1
§ 65913.4.5Small lot subdivisions of 10 or fewer units (SB 684)“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…”3 subdivisions · Last changed by Stats. 2023, Ch. 783 (SB 684)Refers to§ 65913.3Other laws§ 65589.5
§ 65913.13Downtown housing in regional transit hub districts (AB 2074)“For purposes of this section:”7 subdivisions · Last changed by Stats. 2026, Ch. 797 (AB 2074)Refers to§ 65913.4Other laws§ 65589.5§ 65915§ 65912.156§ 65912.157
Particular projects and standards 7
§ 65913.5Upzoning for up to 10 units near transit or urban infill (SB 10)“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)…”6 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)Other laws§ 66314§ 66333§ 8899.50
§ 65913.6Housing at places of worship: parking spaces“For purposes of this section, all of the following definitions shall apply:”8 subdivisions · Last changed by Stats. 2022, Ch. 122 (AB 2244)Other laws§ 65589.5§ 65915
§ 65913.10Historic site determinations at application“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…”3 subdivisions · Last changed by Stats. 2025, Ch. 22 (AB 130)Other laws§ 65940§ 65905.5
§ 65913.11Small infill projects: floor area ratio and lot limits“With respect to a housing development project that meets the requirements of subdivision (b), a local agency shall not do any of the following:”4 subdivisions · Last changed by Stats. 2022, Ch. 427 (SB 1489)Other laws§ 65589.5
§ 65913.12Extremely affordable adaptive reuse projects“For purposes of this section, the following terms have the following meanings:”3 subdivisions · Last changed by Stats. 2023, Ch. 764 (AB 1490)Other laws§ 65589.5§ 50052.5§ 50105§ 50079.5
§ 65914.7Housing on local educational agency land“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…”8 subdivisions · Last changed by Stats. 2025, Ch. 503 (AB 1021) · repealed as of January 1, 2036Other laws§ 65583.2§ 65589.5§ 65915§ 50105§ 50079.5§ 50093
§ 65914.8Reserving affordable units for artists“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…”3 subdivisions · Last changed by Stats. 2023, Ch. 747 (AB 812)Other laws§ 50052.5§ 50106§ 50105§ 50079.5§ 50093
Litigation and remedies 3
§ 65914Bonds in suits challenging housing approvals“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…”3 subdivisions · Last changed by Stats. 2003, Ch. 793Other laws§ 65915
§ 65914.2Remedies for violations of housing reform laws“It is the intent of the Legislature in enacting this section to do both of the following:”4 subdivisions · Last changed by Stats. 2025, Ch. 496 (AB 712)Other laws§ 65585.03§ 65588§ 65589.5§ 65905.5
§ 65914.5COVID-19 extension of housing entitlements“The Legislature finds and declares each of the following:”7 subdivisions · Last changed by Stats. 2020, Ch. 195 (AB 1561)Refers to§ 65913.4Other laws§ 65915§ 65941.1
Accessory Dwelling Units36 sectionsGov. Code, Title 7, Div. 1, Chapter 13. Accessory Dwelling Units [66310 – 66342]
State ADU law as recodified by SB 477 (2024): general provisions, definitions, fees and permits for older unpermitted units (Article 1), local ADU ordinances and ministerial approval (Article 2), junior accessory dwelling units (Article 3), and separate sale of ADUs (Article 4).
General provisions and definitions 7
§ 66310Legislative findings on ADUs“The Legislature finds and declares all of the following:”8 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)
§ 66311Intent: ordinances must not unreasonably restrict ADUs“It is the intent of the Legislature that an accessory dwelling unit or a junior accessory dwelling unit ordinance adopted by a local agency has the effect of providing for…”One paragraph · Last changed by Stats. 2025, Ch. 520 (SB 543)
§ 66311.5Fees and utility connections for ADUs and JADUs“Fees charged for the construction of accessory dwelling units or junior accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing…”5 subdivisions · Last changed by Stats. 2025, Ch. 520 (SB 543)Refers to§ 66323§ 66342
§ 66311.7Permitting ADUs built without permits before 2020“Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit or an unpermitted junior…”6 subdivisions · Last changed by Stats. 2025, Ch. 520 (SB 543)Refers to§ 66311.5§ 66333
§ 66312Applies to charter cities“Notwithstanding Section 65803, this chapter shall also apply to a charter city.”One paragraph · Last changed by Stats. 2024, Ch. 7 (SB 477)
§ 66313Definitions for accessory dwelling units“For purposes of this chapter:”14 subdivisions · Last changed by Stats. 2025, Ch. 520 (SB 543)Other laws§ 17958.1§ 18007
§ 66313.5HCD guidelines“The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this chapter. The…”One paragraph · Last changed by Stats. 2025, Ch. 520 (SB 543)
ADU ordinances and standards 7
§ 66314ADU ordinances: required standards“A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all…”6 subdivisions · Last changed by Stats. 2025, Ch. 67 (AB 1170)Refers to§ 66322§ 66340
§ 66315Maximum standards for ADUs with a single-family dwelling“Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling.…”One paragraph · Last changed by Stats. 2024, Ch. 7 (SB 477)Refers to§ 66314
§ 66316Ministerial approval process only“An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide…”One paragraph · Last changed by Stats. 2024, Ch. 7 (SB 477)
§ 66318Amending zoning or the general plan for ADUs“A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these…”2 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)
§ 66319ADUs as accessory uses; density and general plan“An accessory dwelling unit that conforms to Section 66314 shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable…”One paragraph · Last changed by Stats. 2024, Ch. 7 (SB 477)Refers to§ 66314
§ 66321Unit size limits“Subject to subdivision (b), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units.”2 subdivisions · Last changed by Stats. 2025, Ch. 520 (SB 543)
§ 66322Limits on local standards, fees, and parking“Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply:”2 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)Refers to§ 66314
Permits and approvals 5
§ 66317Ministerial approval and review timeline“A permit application for an accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating…”4 subdivisions · Last changed by Stats. 2025, Ch. 520 (SB 543)
§ 66320Approval where no compliant local ordinance exists“When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with Section 66314 receives an application for a permit to create or serve an…”One paragraph · Last changed by Stats. 2025, Ch. 520 (SB 543)Refers to§ 66314§ 66317
§ 66323ADUs that must be approved in any residential or mixed-use zone“Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following…”6 subdivisions · Last changed by Stats. 2025, Ch. 520 (SB 543)Refers to§ 66314§ 66321§ 66322§ 66333
§ 66328Certificates of occupancy“A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling.”3 subdivisions · Last changed by Stats. 2025, Ch. 491 (AB 462)
§ 66331Delays in enforcing building standards“In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory…”2 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)
Local ordinances, HCD review, and other law 4
§ 66325Article supersedes conflicting ordinances“Except as provided in subdivision (b), this article shall supersede a conflicting local ordinance.”2 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)
§ 66326Submitting ADU ordinances to HCD“A local agency shall submit a copy of the ordinance adopted pursuant to Section 66314 to the Department of Housing and Community Development within 60 days after adoption. After adoption…”4 subdivisions · Last changed by Stats. 2025, Ch. 510 (SB 9)Refers to§ 66314
§ 66329Coastal Act and other laws“Except as provided in subdivision (b), nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal…”3 subdivisions · Last changed by Stats. 2025, Ch. 491 (AB 462)Refers to§ 66317Other laws§ 65943
§ 66330Counting ADUs toward adequate sites“A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the…”One paragraph · Last changed by Stats. 2024, Ch. 7 (SB 477)Other laws§ 65583.1
Junior accessory dwelling units 10
§ 66333Junior ADU ordinances“Notwithstanding Article 2 (commencing with Section 66314), a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require…”7 subdivisions · Last changed by Stats. 2025, Ch. 507 (AB 1154)Refers to§ 66314
§ 66333.5Submitting junior ADU ordinances to HCD“A local agency shall submit a copy of the ordinance adopted pursuant to Section 66333 to the Department of Housing and Community Development within 60 days after adoption. After adoption…”4 subdivisions · Last changed by Stats. 2025, Ch. 520 (SB 543)Refers to§ 66333
§ 66334No added parking for junior ADUs“A junior accessory dwelling unit ordinance adopted pursuant to Section 66333 shall not require additional parking as a condition to grant a permit.”2 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)Refers to§ 66333
§ 66335Ministerial review of junior ADU permits“An application for a permit pursuant to this article shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered…”5 subdivisions · Last changed by Stats. 2025, Ch. 520 (SB 543)
§ 66335.5Junior ADUs where no compliant ordinance exists“When a local agency that has not adopted an ordinance governing junior accessory dwelling units in accordance with Section 66333 receives an application for a permit to create or serve…”One paragraph · Last changed by Stats. 2025, Ch. 520 (SB 543)Refers to§ 66333§ 66335
§ 66336No denial for nonconforming conditions“A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this article due to the correction of nonconforming zoning conditions,…”One paragraph · Last changed by Stats. 2024, Ch. 7 (SB 477)
§ 66337Fire and life safety rules for junior ADUs“For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.”2 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)
§ 66338Utility service and connection fees for junior ADUs“For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.”2 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)
§ 66339Junior ADU approval without a local ordinance“If a local agency has not adopted a local ordinance pursuant to this article, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that…”One paragraph · Last changed by Stats. 2024, Ch. 7 (SB 477)Refers to§ 66323
§ 66339.5Article supersedes conflicting junior ADU ordinances“Except as provided in subdivision (b), this article shall supersede a conflicting local ordinance.”2 subdivisions · Last changed by Stats. 2025, Ch. 520 (SB 543)
ADU sales 3
§ 66340Definitions for ADU sales“For purposes of this article:”2 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)Other laws§ 50093
§ 66341Separate sale of ADUs to qualified buyers“A local agency shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:”6 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)Refers to§ 66342
§ 66342Local ordinances allowing separate ADU conveyance“In addition to the requirement that a local agency allow the separate sale or conveyance of an accessory dwelling unit pursuant to Section 66341, a local agency may also adopt…”8 subdivisions · Last changed by Stats. 2024, Ch. 7 (SB 477)Refers to§ 66341
Housing Crisis Act of 2019 (SB 330)4 sectionsGov. Code, Title 7, Div. 1, Chapter 12 · Article 1 (§ 66300) and Article 2. Demolition of Housing Units [66300.5 – 66300.6.5]
Limits on actions by affected cities and counties that would reduce housing capacity, impose moratoriums, or adopt nonobjective standards for housing development projects.
Article 1 · Housing capacity and standards 1
§ 66300Limits on reducing housing capacity and other restrictions“As used in this article, the following definitions shall apply:”10 subdivisions · Last changed by Stats. 2023, Ch. 754 (AB 1218)Other laws§ 65588§ 65400§ 65905.5§ 50079.5
§ 66300.6Replacement of demolished and protected units“Notwithstanding any other law and notwithstanding local density requirements, and except as provided in Section 66300.6.5, an affected city or an affected county shall not approve a housing development project…”4 subdivisions · Last changed by Stats. 2025, Ch. 511 (SB 21)Refers to§ 66300.6.5Other laws§ 65915§ 50106§ 50105§ 50079.5§ 50093
§ 66300.6.5Single-room occupancy replacement exception“For the purposes of this section, the following definitions apply:”3 subdivisions · Last changed by Stats. 2025, Ch. 511 (SB 21)Refers to§ 66300.6Other laws§ 50106§ 50105§ 50079.5§ 50093
Supportive Housing and Low Barrier Navigation Centers11 sectionsGov. Code, Title 7, Div. 1, Ch. 3, Articles 11 and 12 [65650 – 65666]
Supportive housing as a use by right in zones allowing multifamily and mixed uses (Article 11, AB 2162), and Low Barrier Navigation Centers as a use by right (Article 12, AB 101).
Supportive housing 7
§ 65650Definitions for supportive housing“For purposes of this article, the following definitions shall apply:”5 subdivisions · Last changed by Stats. 2024, Ch. 683 (AB 1801)Refers to§ 65651Other laws§ 65582§ 65583.2§ 50675.2
§ 65651Supportive housing as a use by right“Supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies all…”5 subdivisions · Last changed by Stats. 2024, Ch. 683 (AB 1801)Refers to§ 65652Other laws§ 65589.5§ 65915§ 50079.5
§ 65652Plan for supportive services“A developer of supportive housing subject to this article shall provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided…”3 subdivisions · Last changed by Stats. 2018, Ch. 753 (AB 2162)Refers to§ 65651
§ 65653Approval and application timelines“The local government shall approve a supportive housing development that complies with the applicable requirements of this article.”2 subdivisions · Last changed by Stats. 2018, Ch. 753 (AB 2162)
§ 65654No parking near transit“If the supportive housing development is located within one-half mile of a public transit stop, the local government shall not impose any minimum parking requirements for the units occupied by…”One paragraph · Last changed by Stats. 2018, Ch. 753 (AB 2162)
§ 65655Density bonus and other rights preserved“This article shall not be construed to do either of the following:”2 subdivisions · Last changed by Stats. 2020, Ch. 165 (SB 1030)Other laws§ 65915
§ 65656Proposition 2 findings“The Legislature finds and declares that, by adoption of Proposition 2 at the November 6, 2018, statewide general election, the voters expressly approved of the development of permanent supportive housing…”One paragraph · Last changed by Stats. 2019, Ch. 346 (SB 744)
Low Barrier Navigation Centers 4
§ 65660Definitions for Low Barrier Navigation Centers“For purposes of this article:”2 subdivisions · Last changed by Stats. 2024, Ch. 297 (SB 1395)Other laws§ 65583.2
§ 65662Navigation centers as a use by right“A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the requirements of this…”4 subdivisions · Last changed by Stats. 2019, Ch. 159 (AB 101)
§ 65664Completeness and action timelines“Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the local jurisdiction shall notify a developer whether the developer’s application is complete pursuant to…”One paragraph · Last changed by Stats. 2019, Ch. 159 (AB 101)Other laws§ 65943
§ 65666Statewide concern; applies to charter cities“The Legislature finds and declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and…”One paragraph · Last changed by Stats. 2019, Ch. 159 (AB 101)
State rules for housing provided to five or more employees, including farmworker housing: definitions, which local zoning and approval rules apply to employee housing (including the by-right farmworker housing in § 17021.8), permits to operate and fees, HCD regulations, enforcement, and violations.
General provisions and definitions 17
§ 17000Short title of the Employee Housing Act“This part shall be known as the Employee Housing Act.”One paragraph · Last changed by Stats. 1979, Ch. 62
§ 17001Building standards for employee housing“Buildings used for human habitation, and buildings accessory thereto, within employee housing shall comply with the building standards published in the State Building Standards Code relating to employee housing and…”One paragraph · Last changed by Stats. 1992, Ch. 1298Refers to§ 17050
§ 17002Approval of alternate materials and methods“The provisions of this part are not intended to prevent the use of any material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by this part if…”One paragraph · Last changed by Stats. 1979, Ch. 62Refers to§ 17001
§ 17003Definition of “commission”“Commission, as used in this part, means the Commission of Housing and Community Development.”One paragraph · Last changed by Stats. 1979, Ch. 62
§ 17003.5Commission references mean the department“Any reference in this division to the Commission of Housing and Community Development shall be deemed to be to the Department of Housing and Community Development and the department may…”One paragraph · Last changed by Stats. 1981, Ch. 996
§ 17004Definition of “department”“Department, as used in this part, means the Department of Housing and Community Development.”One paragraph · Last changed by Stats. 1979, Ch. 62
§ 17005Persons excluded from “employee”“Employee, as used in this part, does not include any of the following:”3 subdivisions · Last changed by Stats. 1979, Ch. 62
§ 17005.5Definition of employee community housing“Employee community housing means a community of single family detached dwellings which meet all of the following requirements:”2 subdivisions · Last changed by Stats. 1979, Ch. 1031
§ 17006Definition of resident-employment housing“Resident-employment housing, as used in this part, means apartment houses, hotels, motels, or dwellings, where living quarters are provided for five or more employees employed in the management, maintenance, or…”One paragraph · Last changed by Stats. 1992, Ch. 1298
§ 17007Definition of enforcement agency“Enforcement agency, as used in this part, means the Department of Housing and Community Development, or any city, county, or city and county which has assumed responsibility for the enforcement…”One paragraph · Last changed by Stats. 1979, Ch. 62Refers to§ 17050
§ 17008Definition of employee housing“Employee housing, as used in this part, means any portion of any housing accommodation, or property upon which a housing accommodation is located, if all of the following factors exist:”5 subdivisions · Last changed by Stats. 2019, Ch. 866 (AB 1783)Refers to§ 17005.5§ 17010§ 17031.3
§ 17008.5Rights of agricultural employee tenants“A tenant who is an agricultural employee residing in employee housing has all rights applicable to a person residing in employee housing, including the following:”3 subdivisions · Last changed by Stats. 2022, Ch. 48 (SB 189)Refers to§ 17031.6
§ 17008.7Definition of “fund”“Fund, as used in this part, means the Employee Housing Regulation Fund established by Section 17036.”One paragraph · Last changed by Stats. 2023, Ch. 40 (AB 129)Refers to§ 17036
§ 17009Definition of labor supply employee housing“Labor supply employee housing, as used in this part, means any place, area, or piece of land where housing is provided for five or more employees or prospective employees of…”3 subdivisions · Last changed by Stats. 1992, Ch. 1298
§ 17009.5Definition of “person”“Person, as used in this part, includes any natural person, firm, association, organization, partnership, business trust, company, joint stock company, corporation, limited liability company, joint venture, or other organizations of…”2 subdivisions · Last changed by Stats. 1994, Ch. 1010
§ 17010Types of employee housing defined“Temporary employee housing, as used in this part, means a labor camp which is not operated on the same site annually and which is established for one operation and is…”4 subdivisions · Last changed by Stats. 1992, Ch. 1298Refers to§ 17008Other laws§ 18007
§ 17011Definition of sleeping place“Sleeping place, as used in this part, means a dwelling, bunkhouse, tent, mobilehome, or other structure or shelter in which employees are housed in any employee housing.”One paragraph · Last changed by Stats. 1992, Ch. 1298
Application, scope and local land use 10
§ 17020Statewide application over local labor camp rules“Except as otherwise provided in this part, the provisions of this part, building standards published in the State Building Standards Code relating to employee housing, and the other rules and…”2 subdivisions · Last changed by Stats. 1992, Ch. 1298
§ 17021Local reserved powers and agricultural housing permits“Except as provided in Sections 17021.5, 17021.6, and 17021.8, local use zone requirements, local fire zones, property line, source of water supply, and method of sewage disposal requirements are hereby…”5 subdivisions · Last changed by Stats. 2020, Ch. 264 (AB 107)Refers to§ 17021.5§ 17021.6§ 17021.8
§ 17021.5Small employee housing treated as residential use“Any employee housing which has qualified, or is intended to qualify, for a permit to operate pursuant to this part may invoke the provisions of this section.”5 subdivisions · Last changed by Stats. 1993, Ch. 952Refers to§ 17008
§ 17021.6Employee housing treated as agricultural land use“The owner of any employee housing who has qualified or intends to qualify for a permit to operate pursuant to this part may invoke this section.”7 subdivisions · Last changed by Stats. 2019, Ch. 866 (AB 1783)Refers to§ 17008§ 17021.8
§ 17021.7Mobilehomes and RVs housing agricultural employees“Notwithstanding subdivision (b) of Section 18214, subdivision (b) of Section 18862.39, and subdivision (b) of Section 18862.47, mobilehomes and recreational vehicles used to house agricultural employees shall be maintained in…”One paragraph · Last changed by Stats. 2003, Ch. 814
§ 17021.8Streamlined ministerial approval of agricultural employee housing“A development proponent may submit an application for a development that is subject to a streamlined, ministerial approval process, provided in subdivision (b), and is not subject to a conditional…”12 subdivisions · Last changed by Stats. 2025, Ch. 490 (AB 457)Refers to§ 17008§ 17020§ 17021§ 17021.6§ 17030.10Other laws§ 65583§ 50053§ 50079.5
§ 17022Occupational safety enforcement reserved to state“Enforcement of occupational safety and health standards established pursuant to Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code is hereby specifically and entirely reserved to…”One paragraph · Last changed by Stats. 1979, Ch. 62
§ 17022.5Model plans for employee housing“The department shall adopt, and make available to the public, model or prototype plans for several types of employee housing, including, but not limited to, barracks, seasonal housing, family housing,…”One paragraph · Last changed by Stats. 1986, Ch. 1495
§ 17023Construction rules not retroactive to existing buildings“Rules and regulations adopted or continued in effect pursuant to the provisions of this part relating to the erection or construction of buildings or structures within employee housing shall not…”2 subdivisions · Last changed by Stats. 1992, Ch. 1298
§ 17024Exemptions for school and government housing“This part does not apply to resident-employment housing provided for faculty or employees of any public or privately operated school, college, or university. This part does not apply to any…”4 subdivisions · Last changed by Stats. 1992, Ch. 1298
Permits and fees 19
§ 17030Annual permit to operate employee housing“Every person operating employee housing shall obtain a permit to operate that employee housing from the enforcement agency, unless otherwise exempted by this part. It shall be unlawful for any…”4 subdivisions · Last changed by Stats. 1992, Ch. 1298Refers to§ 17030.5§ 17031
§ 17030.5Multiyear permits for single-family housing“A permit to operate employee housing consisting only of permanent single-family housing may, when approved by the enforcement agency, be issued for a longer period of time not to exceed…”3 subdivisions · Last changed by Stats. 1992, Ch. 1298
§ 17030.10Certifying affordable housing organizations as operators“The department shall establish an application and review process for certifying that a person is an affordable housing organization qualified to operate agricultural employee housing that is approved pursuant to…”3 subdivisions · Last changed by Stats. 2020, Ch. 264 (AB 107)Refers to§ 17021.8
§ 17031Dairy farm housing permit exemptions“The operator of employee housing on a dairy farm that meets the requirements of Section 32505 of the Food and Agricultural Code, consisting only of permanent single-family employee housing, may…”3 subdivisions · Last changed by Stats. 2000, Ch. 471
§ 17031.3Exemptions for employee community housing“Every person operating or owning employee community housing shall obtain a permit to operate such housing as a labor camp pursuant to this part unless an exemption is granted by…”5 subdivisions · Last changed by Stats. 1979, Ch. 1031Refers to§ 17005.5
§ 17031.4Local agency reports on community housing exemptions“When the enforcement agency is a local agency, upon granting an exemption pursuant to Section 17031.3, the enforcement agency shall submit the following information to the department:”5 subdivisions · Last changed by Stats. 1992, Ch. 1298Refers to§ 17005.5§ 17031.3
§ 17031.5Protection from retaliation for tenants“No person operating employee housing shall terminate or modify a tenancy by increasing rent, decreasing services, threatening to bring or bringing an action to evict, refusing to renew a tenancy,…”3 subdivisions · Last changed by Stats. 1992, Ch. 1298
§ 17031.6Trial timing in retaliatory eviction cases“In any action brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, in order to evict a tenant…”4 subdivisions · Last changed by Stats. 1992, Ch. 1298Refers to§ 17031.5
§ 17031.7No retaliatory employment action in community housing“No person operating employee community housing that has been granted an exemption pursuant to Section 17031.3, or who is in the process of applying for such exemption, shall take any…”3 subdivisions · Last changed by Stats. 1979, Ch. 1031Refers to§ 17031.3
§ 17031.8Annual employee housing reporting“An agency that exercises the responsibility for the enforcement of this part pursuant to Section 17050 shall submit to the Department of Housing and Community Development, on forms provided by…”4 subdivisions · Last changed by Stats. 2009, Ch. 341 (SB 73)Refers to§ 17000§ 17031§ 17031.3§ 17031.4§ 17033§ 17050
§ 17032Applying for a permit to operate“Application for a permit to operate shall be made to the enforcement agency at least 45 days prior to the date of initial occupancy and shall be on the forms…”5 subdivisions · Last changed by Stats. 1992, Ch. 1298
§ 17033Permit applications for railroad employee housing“Section 17032 shall not apply to employee housing owned or operated by railroad corporations. Application for a permit to operate employee housing owned or operated by a railroad corporation shall…”5 subdivisions · Last changed by Stats. 1993, Ch. 589Refers to§ 17032
§ 17034Enforcement against permitholders in violation“If any person who holds an annual permit to operate employee housing violates any of the provisions of this part, building standards published in the State Building Standards Code relating…”One paragraph · Last changed by Stats. 1992, Ch. 1298Refers to§ 17055
§ 17035Rosters of permitted housing and organizations“The department shall establish and maintain a roster of all employee housing having a valid permit to operate.”2 subdivisions · Last changed by Stats. 2019, Ch. 866 (AB 1783)Refers to§ 17030.10
§ 17036HCD regulations, permit fees, and fund“Except as provided in Section 18930, the department shall adopt regulations that it determines are necessary for the administration and enforcement of this part. The regulations adopted, amended, or repealed…”5 subdivisions · Last changed by Stats. 2024, Ch. 80 (SB 1525)Refers to§ 17021.5§ 17021.6
§ 17037Compliance duty and unpermitted operation fees“A person, or the agent or officer thereof, constructing, operating, or maintaining employee housing shall comply with the requirements of this part, with building standards published in the State Building…”3 subdivisions · Last changed by Stats. 2019, Ch. 866 (AB 1783)Refers to§ 17021.8§ 17037.5§ 17061
§ 17037.5Certificates of non-operation; replacement operators“A person who ceases to operate or maintain employee housing that is subject to the permit requirement pursuant to this part shall complete and submit annually a Certificate of Non-Operation…”3 subdivisions · Last changed by Stats. 2019, Ch. 866 (AB 1783)Refers to§ 17021.8§ 17030
§ 17038Responsible person and emergency phone number“At all employee housing, a responsible person shall be appointed by the operator to maintain the employee housing in compliance with the use, maintenance, and occupancy requirements of this part…”One paragraph · Last changed by Stats. 1992, Ch. 1298
§ 17039Duties of employee housing occupants“Every occupant of employee housing shall properly use the facilities furnished and shall comply with the relevant maintenance and sanitation provisions of this part.”2 subdivisions · Last changed by Stats. 1997, Ch. 49Refers to§ 17060
Rules and regulations 5
§ 17040HCD regulations and enforcement of standards“Except as provided in Section 18930, the department shall adopt, amend, or repeal rules and regulations for the protection of the public health, safety, and general welfare of employees and…”3 subdivisions · Last changed by Stats. 1992, Ch. 1298
§ 17041Regulatory standards and fee waivers“Except as provided in Section 17011, the rules and regulations adopted, amended, or repealed from time to time pursuant to this part shall be consistent with accepted standards and practices…”2 subdivisions · Last changed by Stats. 1992, Ch. 1298Refers to§ 17011
§ 17042Limits on HCD building standards“Notwithstanding any other provision of this code or of law, and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18900), on and after January…”One paragraph · Last changed by Stats. 1983, Ch. 101
§ 17043Overcrowding violations and resident rights“Notwithstanding any other provision of law, if the condition rendering any of the accommodations in employee housing substandard is the overcrowding of the accommodations, the enforcement agency shall provide notice…”2 subdivisions · Last changed by Stats. 1992, Ch. 1298
§ 17044APA exemption for §§ 17030.10 and 17037“The department may review, adopt, amend, or repeal standards, forms, or definitions in order to implement Sections 17030.10 and 17037. Any standards, forms, or definitions adopted, amended, or repealed pursuant…”2 subdivisions · Last changed by Stats. 2020, Ch. 264 (AB 107)Refers to§ 17030.10§ 17037
Enforcement 7
§ 17050Regulations, local enforcement, and inspection powers“Except as provided in Section 18930, the Department of Housing and Community Development may promulgate rules and regulations to interpret and make specific this part. When adopted, those rules and…”9 subdivisions · Last changed by Stats. 2008, Ch. 138Refers to§ 17008§ 17031.8§ 17036
§ 17051Service of process by enforcement officers“For the purpose of securing compliance with this part, the officers and agents of the enforcement agency may serve any process or notice throughout its jurisdiction.”One paragraph · Last changed by Stats. 1979, Ch. 62
§ 17052Annual inspection of employee housing“The enforcement agency shall annually enter and inspect, and reinspect as necessary, all employee housing accommodations for compliance with the provisions of this part and regulations adopted pursuant to this…”4 subdivisions · Last changed by Stats. 1995, Ch. 561Refers to§ 17030.5§ 17031
§ 17053Public file of complaints and information“The department shall maintain a file of all reports of complaint or other significant information regarding employee housing maintenance and operation. Each file and information shall be available to local…”One paragraph · Last changed by Stats. 1992, Ch. 1298
§ 17054Attorney General investigations and prosecutions“The Attorney General, upon the request of the Director of Housing and Community Development, shall conduct such investigations as may be necessary to determine whether any violation of any provision…”One paragraph · Last changed by Stats. 1979, Ch. 62Refers to§ 17050
§ 17055Resident complaints and private civil actions“Any person residing in employee housing subject to this part may file an administrative complaint orally or in writing with the enforcement agency. The enforcement agency shall deliver a summary…”5 subdivisions · Last changed by Stats. 2000, Ch. 702
§ 17056Department enforcement against serious violators“In every part of the state, notwithstanding assumption of responsibilities by local enforcement agencies pursuant to Section 17050, the department shall establish procedures and devote resources to locating and prosecuting…”3 subdivisions · Last changed by Stats. 1995, Ch. 561Refers to§ 17050
Violations 9
§ 17060Public nuisance abatement and enforcement actions“Any employee housing which does not conform to this part, building standards published in the State Building Standards Code relating to employee housing, the other regulations adopted pursuant to this…”7 subdivisions · Last changed by Stats. 1993, Ch. 589
§ 17060.2Resident notices, relocation, and hardship deferral“Notwithstanding any other provision of law, the operator of employee housing shall provide a resident of every unit in the employee housing with a written copy in English and Spanish…”3 subdivisions · Last changed by Stats. 1995, Ch. 91Refers to§ 17062
§ 17060.5Enforcement continues after property transfer“The sale or other transfer of property to a third party shall not render moot an action or proceeding brought pursuant to this chapter and instituted by an enforcement agency…”2 subdivisions · Last changed by Stats. 1983, Ch. 1210Refers to§ 17060
§ 17061Criminal and civil penalties“Any person who violates, or causes another person to violate, any provision of this part is guilty of a misdemeanor, punishable by a fine of not more than two thousand…”3 subdivisions · Last changed by Stats. 2011, Ch. 15 (AB 109)
§ 17061.5Enhanced penalties for repeat violators“Any person who is convicted pursuant to Section 17061 for a second or subsequent time within a five-year period or is convicted pursuant to subdivision (d) for a first or…”5 subdivisions · Last changed by Stats. 1992, Ch. 1298Refers to§ 17060§ 17061
§ 17061.7House confinement for repeat violators“Any person found in contempt of a court order or injunction pursuant to Section 17060, or who is convicted pursuant to Section 17061, for a second or subsequent time within…”2 subdivisions · Last changed by Stats. 1992, Ch. 1298Refers to§ 17060§ 17061§ 17061.5
§ 17061.9Administrative citations and civil penalties“In addition to other remedies provided in this part, the Director of the Department of Housing and Community Development or his or her designee or an employee authorized by a…”6 subdivisions · Last changed by Stats. 1992, Ch. 1298Refers to§ 17037§ 17050
§ 17062Cost recovery, receivership, and relocation“Any state or local agency which participated in the investigation and enforcement pursuant to this part shall be reimbursed for its investigative and legal costs prior to and subsequent to…”9 subdivisions · Last changed by Stats. 1993, Ch. 952Refers to§ 17060.2
§ 17062.5Distribution of fines, penalties, and damages“All fines, civil penalties, and damages awarded pursuant to this part shall be paid as provided in this section. The court order shall direct payment of these moneys for the…”3 subdivisions · Last changed by Stats. 1993, Ch. 952Refers to§ 17055§ 17062Other laws§ 50105§ 50079.5
Public agencies must administer housing and community development programs in a manner that affirmatively furthers fair housing.
§ 8899.50Duty to affirmatively further fair housing“For purposes of this section, the following terms have the following meanings:”4 subdivisions · Last changed by Stats. 2021, Ch. 357 (AB 1304)
Starter Home Revitalization Act of 20212 sectionsGov. Code, Title 7, Div. 2, Chapter 8 [66499.40 – 66499.41]
Small home lot developments and ministerial parcel and tentative maps for small housing developments on qualifying lots.
Missing Middle Townhome Ownership Act (AB 1751)4 sectionsGov. Code § 65852.30 (Chapter 4, Article 2) and Title 7, Div. 2, Chapter 9 [66499.45 – 66499.47] · AB 1751 (Ch. 781, Stats. 2026)
Ministerial approval of townhome development projects and ministerial tentative and final maps to subdivide them. Added by AB 1751, effective January 1, 2027; the text shown is the chaptered bill until the Code on leginfo is updated.
Townhome development projects 1
§ 65852.30Ministerial approval of townhome development projects“A development proponent may submit an application for a townhome development project that meets the requirements of this section and Chapter 9 (commencing with Section 66499.45) of Division 2 of…”9 subdivisions · Last changed by Stats. 2026, Ch. 781 (AB 1751)Refers to§ 66499.45Other laws§ 65583.2§ 65589.5§ 65915§ 50052.5§ 50079.5§ 21080.66
§ 66499.45Definitions“For purposes of this chapter:”2 subdivisions · Last changed by Stats. 2026, Ch. 781 (AB 1751)Refers to§ 65852.30
§ 66499.46Ministerial tentative and final maps for townhome projects“A local agency shall ministerially consider, without discretionary review or a hearing, a tentative and final map for a townhome development project that meets all of the following requirements:”8 subdivisions · Last changed by Stats. 2026, Ch. 781 (AB 1751)Refers to§ 65852.30Other laws§ 65589.5§ 66499.41§ 65912.157§ 66411.7
§ 66499.47Does not apply in San Francisco“This chapter shall not apply to the City and County of San Francisco.”One paragraph · Last changed by Stats. 2026, Ch. 781 (AB 1751)
Transit-Oriented Development (SB 79)8 sectionsGov. Code, Title 7, Div. 1, Chapter 4.1.5. Transit-Oriented Development [65912.155 – 65912.162]
Housing development near qualifying transit stops as an allowed use at the heights, densities and floor area ratios the chapter sets, with local alternative plans and exemptions.
§ 65912.155Legislative findings on housing near transit“The Legislature finds and declares all of the following:”4 subdivisions · Last changed by Stats. 2025, Ch. 512 (SB 79)
§ 65912.156Definitions: transit-oriented development stops and tiers“For purposes of this chapter, the following definitions apply:”18 subdivisions · Last changed by Stats. 2025, Ch. 512 (SB 79)Other laws§ 65589.5
§ 65912.157Transit-oriented housing development standards“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…”14 subdivisions · Last changed by Stats. 2026, Ch. 100 (SB 722)Other laws§ 65589.5§ 65915§ 65913.4§ 66300.6§ 50052.5§ 50053§ 50106§ 50105§ 50079.5
§ 65912.158Transit agency zoning for agency-owned land“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:”13 subdivisions · Last changed by Stats. 2025, Ch. 512 (SB 79)Refers to§ 65912.157Other laws§ 65913.4§ 66300.6§ 21094
§ 65912.159Streamlined approval for transit-oriented projects“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:”2 subdivisions · Last changed by Stats. 2025, Ch. 512 (SB 79)Refers to§ 65912.157Other laws§ 65589.5§ 65913.4
§ 65912.160Department oversight and local ordinances“The department shall oversee compliance with this chapter.”6 subdivisions · Last changed by Stats. 2025, Ch. 512 (SB 79)Refers to§ 65912.157Other laws§ 65583.2§ 65912.121
§ 65912.161Local transit-oriented development alternative plans“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…”5 subdivisions · Last changed by Stats. 2025, Ch. 512 (SB 79)Refers to§ 65912.157§ 65912.160Other laws§ 65580§ 65583§ 65585
§ 65912.162Statewide concern; applies to charter cities“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…”One paragraph · Last changed by Stats. 2025, Ch. 512 (SB 79)
Urban Lot Splits (SB 9)1 sectionGov. Code § 66411.7 · Title 7, Div. 2. Subdivisions, Chapter 1
Ministerial approval of a parcel map for an urban lot split in a single-family residential zone. The SB 9 two-unit section (§ 65852.21) is under Zoning.
§ 66411.7Ministerial urban lot split“Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot…”14 subdivisions · Last changed by Stats. 2026, Ch. 56 (SB 1426)Other laws§ 65589.5§ 65852.21§ 65915§ 65913.4§ 66313§ 66314§ 66333
Permit Streamlining Act: Applications for Development Projects19 sectionsGov. Code, Title 7, Div. 1, Chapter 4.5, Article 3 [65940 – 65945.7], with the hearing limit in § 65905.5
What an application must contain, the preliminary application that vests standards for housing projects, completeness review and its deadlines, and the five-hearing limit for housing development projects.
Application contents and the preliminary application 10
§ 65940Lists of required application information“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…”5 subdivisions · Last changed by Stats. 2025, Ch. 518 (SB 489)Refers to§ 65941§ 65943§ 65944§ 65905.5Other laws§ 66300§ 66300.5§ 21098
§ 65940.1Posting fees and development standards online“A city, county, or special district that has an internet website shall make all of the following available on its internet website, as applicable:”4 subdivisions · Last changed by Stats. 2024, Ch. 358 (AB 1820)Refers to§ 65940Other laws§ 50106§ 50105§ 50079.5§ 50093
§ 65940.2Online fee estimate tool“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…”3 subdivisions · Last changed by Stats. 2024, Ch. 752 (AB 3012)Other laws§ 50106§ 50105§ 50079.5§ 50093
§ 65940.3Online application portal“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…”5 subdivisions · Last changed by Stats. 2025, Ch. 501 (AB 920)Refers to§ 65905.5
§ 65940.5No required waivers of time limits“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…”3 subdivisions · Last changed by Stats. 1998, Ch. 283Refers to§ 65940
§ 65941Criteria for application completeness“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…”3 subdivisions · Last changed by Stats. 1993, Ch. 1131Refers to§ 65940Other laws§ 21080.1
§ 65941.1Preliminary application for housing projects“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…”6 subdivisions · Last changed by Stats. 2025, Ch. 22 (AB 130)Refers to§ 65940§ 65940.1§ 65941§ 65941.5§ 65943§ 65905.5Other laws§ 65589.5§ 65915
§ 65941.5Notice of time limits to applicants“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)…”One paragraph · Last changed by Stats. 1987, Ch. 985Refers to§ 65940
§ 65941.6Disability access materials for applicants“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…”2 subdivisions · Last changed by Stats. 2016, Ch. 13 (SB 269)
§ 65942Revisions to application requirements“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…”2 subdivisions · Last changed by Stats. 1987, Ch. 803Refers to§ 65940§ 65941§ 65941.5§ 65943Other laws§ 21080.1
Completeness review 4
§ 6594330-day completeness determination“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…”7 subdivisions · Last changed by Stats. 2025, Ch. 22 (AB 130)Refers to§ 65940§ 65905.5Other laws§ 65589.5
§ 65943.1Fee estimate after final approval“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…”4 subdivisions · Last changed by Stats. 2024, Ch. 358 (AB 1820)Refers to§ 65905.5
§ 65943.5Completeness appeals for environmental permits“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…”3 subdivisions · Last changed by Stats. 1993, Ch. 419Refers to§ 65943
§ 65944No new information after completeness“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…”6 subdivisions · Last changed by Stats. 2019, Ch. 142 (SB 242)Refers to§ 65940
Notice and other provisions 4
§ 65945Notice of plan and ordinance changes“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…”2 subdivisions · Last changed by Stats. 1983, Ch. 1263
§ 65945.3Notice from other local agencies“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…”One paragraph · Last changed by Stats. 1983, Ch. 1263
§ 65945.5Notice from state agencies“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…”One paragraph · Last changed by Stats. 1983, Ch. 1263
§ 65945.7Procedural error must be prejudicial“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…”One paragraph · Last changed by Stats. 1983, Ch. 1263Refers to§ 65945§ 65945.3§ 65945.5
Hearing limit (Zoning, Article 4) 1
§ 65905.5Five-hearing limit for housing projects“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,…”5 subdivisions · Last changed by Stats. 2025, Ch. 22 (AB 130)Refers to§ 65940Other laws§ 65589.5§ 65915
Regional Transportation Plans and Sustainable Communities Strategies1 sectionGov. Code § 65080 · Title 7, Div. 1, Chapter 2.5. Transportation Planning and Programming
The regional transportation plan and its sustainable communities strategy, which RHNA and several housing streamlining laws refer to.
§ 65080Regional transportation plan and sustainable communities strategy“Each transportation planning agency designated under Section 29532 or 29532.1 shall prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system, including, but…”4 subdivisions · Last changed by Stats. 2025, Ch. 517 (SB 486)Other laws§ 65580§ 65581§ 65584
Income and Affordability Definitions (Health and Safety Code)6 sectionsHealth & Saf. Code, Div. 31, Part 1, Chapter 2. Definitions [50050 – 50106]
The income categories and affordable housing cost and rent definitions that housing element law, density bonus law and the streamlining statutes cite.
Affordable cost and rent 2
§ 50052.5Affordable housing cost by income level“For any owner-occupied housing that receives assistance prior to January 1, 1991, and a condition of that assistance is compliance with this section, affordable housing cost with respect to lower…”8 subdivisions · Last changed by Stats. 2017, Ch. 418 (AB 1714)Refers to§ 50053§ 50093
§ 50053Affordable rent by income level“For any rental housing development that receives assistance prior to January 1, 1991, and a condition of that assistance is compliance with this section, affordable rent with respect to lower…”5 subdivisions · Last changed by Stats. 2025, Ch. 203 (AB 1529)Refers to§ 50093
Income categories 4
§ 50106Definition of extremely low income households“Extremely low income households means persons and families whose incomes do not exceed the qualifying limits for extremely low income families as established and amended from time to time by…”One paragraph · Last changed by Stats. 2001, Ch. 741
§ 50105Definition of very low income households“Very low income households means persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant…”3 subdivisions · Last changed by Stats. 2002, Ch. 782Refers to§ 50106
§ 50079.5Definition of lower income households“Lower income households means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section…”3 subdivisions · Last changed by Stats. 2002, Ch. 782Refers to§ 50106§ 50105
§ 50093Low, moderate, and median income definitions“Persons and families of low or moderate income means persons and families whose income does not exceed 120 percent of area median income, adjusted for family size by the department…”3 subdivisions · Last changed by Stats. 2026, Ch. 28 (SB 170)Refers to§ 50106§ 50105§ 50079.5
Housing Type Definitions (Health and Safety Code)4 sectionsHealth & Saf. Code §§ 17958.1, 18007, 50675.2, 50801
Health and Safety Code definitions that local zoning codes and other navigator sections rely on: efficiency units, manufactured homes, transitional and supportive housing, and emergency shelters.
Unit and home types 2
§ 17958.1Local option for efficiency units and limits near transit and campuses“Notwithstanding Sections 17922, 17958, and 17958.5, a city, county, or city and county may, by ordinance, permit efficiency units for occupancy by no more than two persons which have a…”3 subdivisions · Last changed by Stats. 2017, Ch. 400 (AB 352)
§ 18007Definition of manufactured home“Manufactured home, for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body…”2 subdivisions · Last changed by Stats. 2007, Ch. 540
Transitional, supportive and emergency housing 2
§ 50675.2Multifamily Housing Program definitions, including supportive and transitional housing“The definitions of this section shall apply to all activities conducted pursuant to this chapter. Except as otherwise provided in this chapter, or unless the context requires otherwise, the definitions…”9 subdivisions · Last changed by Stats. 2023, Ch. 780 (SB 482)
§ 50801Emergency Housing and Assistance Program definitions, including emergency shelter and transitional housing“As used in this chapter:”10 subdivisions · Last changed by Stats. 2025, Ch. 514 (SB 340)
CEQA: General Provisions, Exemptions and Review123 sectionsPub. Resources Code, Div. 13, Chapter 2.6. General [21080 – 21098]
Where CEQA applies and the statutory exemptions in § 21080 and the sections that follow it, including the exemption for rezonings that implement a housing element (§ 21080.085, SB 131); tribal consultation; findings and mitigation monitoring; the guidelines and categorical exemptions; and review periods, notice and tiering.
Housing and land use exemptions and streamlining 22
§ 21080.085Housing Element - Rezone Exemption (SB 131)“This division does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government…”2 subdivisions · Last changed by Stats. 2025, Ch. 24 (SB 131)Other laws§ 65583
§ 21080.1Lead agency determinations; single-condition housing“The lead agency shall be responsible for determining whether the project is exempt from this division and whether an environmental impact report, a negative declaration, or a mitigated negative declaration…”3 subdivisions · Last changed by Stats. 2025, Ch. 650 (SB 158)Other laws§ 65589.5
§ 21080.8Mobilehome park conversion exemption“This division does not apply to the conversion of an existing rental mobilehome park to a resident initiated subdivision, cooperative, or condominium for mobilehomes if the conversion will not result…”One paragraph · Last changed by Stats. 1990, Ch. 272
§ 21080.10Miscellaneous exemptions“This division does not apply to any of the following:”3 subdivisions · Last changed by Stats. 2024, Ch. 188 (SB 1361)Other laws§ 50093
§ 21080.17ADU ordinance exemption“This division does not apply to the adoption of an ordinance by a city or county to implement Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article…”One paragraph · Last changed by Stats. 2024, Ch. 210 (AB 3057)Other laws§ 66333
§ 21080.27.5Low barrier navigation center exemption“This division does not apply to any of the following activities by a local agency:”2 subdivisions · Last changed by Stats. 2024, Ch. 297 (SB 1395)Other laws§ 65660
§ 21080.44VMT mitigation through housing fund“For purposes of this section, all of the following definitions apply:”7 subdivisions · Last changed by Stats. 2025, Ch. 22 (AB 130)Other laws§ 65080
§ 21080.45Farmworker housing exemption“This division does not apply to a new agricultural employee housing project that complies with Section 21159.22, meets the requirements of paragraphs (1) to (4), inclusive, of subdivision (i) of…”2 subdivisions · Last changed by Stats. 2025, Ch. 650 (SB 158)Other laws§ 17021.8§ 21159.22
§ 21080.50Interim motel housing exemption“For purposes of this section, the following definitions apply:”3 subdivisions · Last changed by Stats. 2023, Ch. 732 (SB 91)
§ 21080.58University housing exemption“For purposes of this section, the following definitions apply:”5 subdivisions · Last changed by Stats. 2024, Ch. 284 (SB 312) · repealed as of January 1, 2032Refers to§ 21080.09
§ 21080.73Specified housing projects remain discretionary“Notwithstanding any other law, a housing development project, as defined in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code, that meets the following criteria shall be…”5 subdivisions · Last changed by Stats. 2025, Ch. 650 (SB 158)Refers to§ 21080Other laws§ 65589.5
§ 21081.2Infill residential traffic findings“Except as provided in subdivision (c), if a residential project, not exceeding 100 units, with a minimum residential density of 20 units per acre and within one-half mile of a…”6 subdivisions · Last changed by Stats. 2006, Ch. 715Refers to§ 21081
§ 21081.3Aesthetics for building reuse housing“Except as specified in subdivision (b), a lead agency is not required to evaluate the aesthetic effects of a project and aesthetic effects shall not be considered significant effects on…”6 subdivisions · Last changed by Stats. 2023, Ch. 116 (AB 356) · repealed as of January 1, 2029
§ 21083.03Eligible urban infill site mapping“On or before July 1, 2027, the Office of Land Use and Climate Innovation shall map the eligible urban infill sites within every urbanized area or urban cluster in the…”2 subdivisions · Last changed by Stats. 2025, Ch. 24 (SB 131)
§ 21083.3Streamlined review for plan-consistent projects“If a parcel has been zoned to accommodate a particular density of development or has been designated in a community plan to accommodate a particular density of development and an…”7 subdivisions · Last changed by Stats. 1992, Ch. 1102Other laws§ 65300§ 65302
§ 21085Residential occupant noise“For purposes of this division, for residential projects, the effects of noise generated by project occupants and their guests on human beings is not a significant effect on the environment.”One paragraph · Last changed by Stats. 2023, Ch. 160 (AB 1307)
§ 21085.2University housing alternatives limit“For purposes of this section, the following definitions apply:”2 subdivisions · Last changed by Stats. 2023, Ch. 160 (AB 1307)
§ 21094.5Infill project limited review“If an environmental impact report was certified for a planning level decision of a city or county, the application of this division to the approval of an infill project shall…”5 subdivisions · Last changed by Stats. 2011, Ch. 469 (SB 226)Refers to§ 21094.5.5Other laws§ 65080
§ 21094.5.5Infill streamlining guidelines“The Office of Land Use and Climate Innovation shall prepare, develop, and transmit to the Natural Resources Agency for certification and adoption guidelines for the implementation of Section 21094.5 and…”3 subdivisions · Last changed by Stats. 2025, Ch. 24 (SB 131)Refers to§ 21094.5
Applicability and other statutory exemptions 55
§ 21080Scope, exemptions, and review standard“Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the…”7 subdivisions · Last changed by Stats. 2025, Ch. 106 (AB 149)Refers to§ 21080.5§ 21084
§ 21080.01Men’s Colony West exemption“This division shall not apply to any activity or approval necessary for the reopening and operation of the California Men’s Colony West Facility in San Luis Obispo County.”One paragraph · Last changed by Stats. 1983, Ch. 958
§ 21080.02Corcoran prison exemption“This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or maintenance of the new prison facility at or…”One paragraph · Last changed by Stats. 1985, Ch. 931
§ 21080.03Kings and Amador prison exemption“This division shall not apply to any activity or approval necessary for or incidental to the location, development, construction, operation, or maintenance of the prison in the County of Kings,…”One paragraph · Last changed by Stats. 1985, Ch. 931
§ 21080.04Napa Valley wine train project“Notwithstanding paragraph (10) of subdivision (b) of Section 21080, this division applies to a project for the institution of passenger rail service on a line paralleling State Highway 29 and…”3 subdivisions · Last changed by Stats. 1995, Ch. 91Refers to§ 21080
§ 21080.05Peninsula rail right-of-way exemption“This division does not apply to a project by a public agency to lease or purchase the rail right-of-way used for the San Francisco Peninsula commute service between San Francisco…”One paragraph · Last changed by Stats. 1989, Ch. 1283
§ 21080.07New prison facilities exemption“This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or maintenance of the new prison facilities located in…”2 subdivisions · Last changed by Stats. 1985, Ch. 933
§ 21080.09Public higher education campus plans“For purposes of this section, the following definitions apply:”5 subdivisions · Last changed by Stats. 2022, Ch. 10 (SB 118)
§ 21080.091UC/CSU no-project alternative relief“The University of California and the California State University are not required to conduct a no project alternative analysis described in subdivision (e) of Section 15126.6 of Title 14 of…”3 subdivisions · Last changed by Stats. 2025, Ch. 517 (SB 486)Refers to§ 21080.09Other laws§ 65584.04§ 65080
§ 21080.2Determination timing for permit projects“In the case of a project described in subdivision (c) of Section 21065, the determination required by Section 21080.1 shall be made within 30 days from the date on which…”One paragraph · Last changed by Stats. 1984, Ch. 586Refers to§ 21080.1
§ 21080.3Consultation with responsible agencies“Prior to determining whether a negative declaration or environmental impact report is required for a project, the lead agency shall consult with all responsible agencies and trustee agencies. Prior to…”2 subdivisions · Last changed by Stats. 2004, Ch. 744
§ 21080.3.1Tribal consultation“The Legislature finds and declares that California Native American tribes traditionally and culturally affiliated with a geographic area may have expertise concerning their tribal cultural resources.”5 subdivisions · Last changed by Stats. 2014, Ch. 532 (AB 52)Refers to§ 21080.3.2
§ 21080.3.2Tribal consultation process“As a part of the consultation pursuant to Section 21080.3.1, the parties may propose mitigation measures, including, but not limited to, those recommended in Section 21084.3, capable of avoiding or…”4 subdivisions · Last changed by Stats. 2014, Ch. 532 (AB 52)Refers to§ 21080.3.1§ 21084.3
§ 21080.4EIR scoping notice to agencies“If a lead agency determines that an environmental impact report is required for a project, the lead agency shall immediately send notice of that determination by certified mail, email, or…”4 subdivisions · Last changed by Stats. 2021, Ch. 97 (AB 819)
§ 21080.5Certified regulatory programs“Except as provided in Section 21158.1, when the regulatory program of a state agency requires a plan or other written documentation containing environmental information and complying with paragraph (3) of…”11 subdivisions · Last changed by Stats. 2013, Ch. 76 (AB 383)
§ 21080.9Local coastal program exemption“This division shall not apply to activities and approvals by any local government, as defined in Section 30109, or any state university or college, as defined in Section 30119, as…”One paragraph · Last changed by Stats. 1979, Ch. 961Refers to§ 21080.5
§ 21080.11State Lands Commission settlements“This division shall not apply to settlements of title and boundary problems by the State Lands Commission and to exchanges or leases in connection with those settlements.”One paragraph · Last changed by Stats. 1982, Ch. 1463
§ 21080.12Office of Planning and Research financial assistance“This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to…”2 subdivisions · Last changed by Stats. 2023, Ch. 45 (AB 127)
§ 21080.13Railroad grade separation exemption“This division shall not apply to any railroad grade separation project that eliminates an existing grade crossing or that reconstructs an existing grade separation.”2 subdivisions · Last changed by Stats. 2015, Ch. 143 (SB 348)
§ 21080.14Railroad grade crossing closures“This division does not apply to the closure of a railroad grade crossing by order of the Public Utilities Commission pursuant to Chapter 6 (commencing with Section 1201) of Part…”3 subdivisions · Last changed by Stats. 2026, Ch. 151 (SB 1008)
§ 21080.18School closure exemption“This division does not apply to the closing of any public school in which kindergarten or any of grades 1 through 12 is maintained or the transfer of students from…”One paragraph · Last changed by Stats. 1986, Ch. 1316
§ 21080.19Street restriping exemption“This division does not apply to a project for restriping of streets or highways to relieve traffic congestion.”One paragraph · Last changed by Stats. 1984, Ch. 750
§ 21080.20Active transportation and transit exemption“This division does not apply to an active transportation plan, a pedestrian plan, or a bicycle transportation plan for the restriping of streets and highways, bicycle parking and storage, signal…”4 subdivisions · Last changed by Stats. 2025, Ch. 742 (SB 71)
§ 21080.21Short pipeline project exemption“This division does not apply to any project of less than one mile in length within a public street or highway or any other public right-of-way for the installation of…”One paragraph · Last changed by Stats. 2019, Ch. 466 (AB 1824)
§ 21080.22Delta general plan amendments“This division does not apply to activities and approvals by a local government necessary for the preparation of general plan amendments pursuant to Section 29763, except that the approval of…”2 subdivisions · Last changed by Stats. 1992, Ch. 898Refers to§ 21080.5
§ 21080.23Existing pipeline work exemption“This division does not apply to any project which consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, as defined in subdivision (a)…”3 subdivisions · Last changed by Stats. 2012, Ch. 548 (AB 2669)Refers to§ 21092
§ 21080.24Title V air permit exemption“This division does not apply to the issuance, modification, amendment, or renewal of a permit by an air pollution control district or air quality management district pursuant to Title V,…”One paragraph · Last changed by Stats. 2012, Ch. 548 (AB 2669)
§ 21080.25Transit and active transportation exemption“For purposes of this section, the following definitions apply:”11 subdivisions · Last changed by Stats. 2025, Ch. 742 (SB 71) · repealed as of January 1, 2040Refers to§ 21092Other laws§ 50052.5§ 50053§ 50105§ 50079.5§ 50093
§ 21080.26Drinking water utility alterations“This division does not apply to minor alterations to utilities made for the purposes of complying with Sections 116410 and 116415 of the Health and Safety Code or regulations adopted…”One paragraph · Last changed by Stats. 2017, Ch. 327 (AB 1438)
§ 21080.28Land transfers for conservation“This division does not apply to either of the following:”3 subdivisions · Last changed by Stats. 2019, Ch. 181 (AB 782)
§ 21080.28.5Park public access exemption“It is the intent of the Legislature in enacting this section to clarify the applicability of this division to the provision of public access within a park or open space…”8 subdivisions · Last changed by Stats. 2025, Ch. 391 (AB 1139) · repealed as of January 1, 2030
§ 21080.29Playa Vista wetlands land transfer“A project located in Los Angeles County that is approved by a public agency before the effective date of the act adding this section is not in violation of any…”3 subdivisions · Last changed by Stats. 2003, Ch. 739
§ 21080.30State real estate and bond exemption“For purposes of this section, real estate transaction means the acquisition or disposition of any interest in real property.”2 subdivisions · Last changed by Stats. 2017, Ch. 21 (AB 119)
§ 21080.31Well project exemption“For purposes of this section, the following terms have the following definitions:”5 subdivisions · Last changed by Stats. 2022, Ch. 859 (AB 1642) · repealed as of January 1, 2028Refers to§ 21080§ 21080.47
§ 21080.32Transit agency fiscal emergency actions“This section shall only apply to publicly owned transit agencies, but shall not apply to any publicly owned transit agency created pursuant to Section 130050.2 of the Public Utilities Code.”4 subdivisions · Last changed by Stats. 1996, Ch. 500
§ 21080.33Emergency highway repair exemption“This division does not apply to any emergency project undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway, as defined in Section…”One paragraph · Last changed by Stats. 1996, Ch. 825
§ 21080.34Airport expansion plans“For the purposes of Section 21069, the phrase carrying out or approving a project shall include the carrying out or approval of a plan for a project that expands or…”One paragraph · Last changed by Stats. 2015, Ch. 303 (AB 731)
§ 21080.35Rooftop and parking lot solar“Except as provided in subdivision (d), this division does not apply to the installation of a solar energy system on the roof of an existing building or at an existing…”6 subdivisions · Last changed by Stats. 2011, Ch. 469 (SB 226)
§ 21080.42Specified highway project exemptions“The following transportation projects are exempt from this division:”2 subdivisions ·
§ 21080.43Mitigation and VMT legislative findings“The Legislature finds and declares all of the following:”7 subdivisions · Last changed by Stats. 2025, Ch. 22 (AB 130)Refers to§ 21080.44
§ 21080.46Groundwater well ordinance exemption (repealed)“Without limiting any other statutory exemption or categorical exemption, this division does not apply to the adoption of an ordinance by a city, county, or city and county to limit…”3 subdivisions · Last changed by Stats. 2015, Ch. 27 (SB 88)
§ 21080.47Small water and sewer project exemption“For purposes of this section, the following definitions apply:”7 subdivisions · Last changed by Stats. 2025, Ch. 24 (SB 131) · repealed as of January 1, 2032
§ 21080.48Community water system exemption“This division does not apply to a project, as defined in Section 21080.47, that is a community water system that is funded pursuant to the Safe Drinking Water, Wildfire Prevention,…”3 subdivisions · Last changed by Stats. 2025, Ch. 24 (SB 131) · repealed as of January 1, 2030Refers to§ 21080.47
§ 21080.49Wildfire risk reduction exemption“This division does not apply to any of the following wildfire risk reduction projects, if the project is in compliance with all other applicable laws, ordinances, and zoning requirements:”4 subdivisions · Last changed by Stats. 2025, Ch. 24 (SB 131)
§ 21080.49.1Prescribed fire and cultural burning“This division does not apply to actions taken by the Department of Forestry and Fire Protection to assist in the implementation of prescribed fire or cultural burning projects that do…”One paragraph · Last changed by Stats. 2026, Ch. 761 (AB 1699)
§ 21080.51Linear broadband exemption“This division does not apply to a project undertaken by any entity, including a public entity or private or nonprofit corporation, that consists of linear broadband deployment in a right-of-way,…”2 subdivisions · Last changed by Stats. 2025, Ch. 24 (SB 131)
§ 21080.55Climate adaptation strategy exemption“This division does not apply to updates to the state’s climate adaptation strategy, known as the plan, adopted by the Natural Resources Agency pursuant to Section 71153.”One paragraph · Last changed by Stats. 2025, Ch. 24 (SB 131)
§ 21080.56Fish and wildlife habitat projects“This division does not apply to a project that is exclusively one of the following:”9 subdivisions · Last changed by Stats. 2024, Ch. 74 (SB 174) · repealed as of January 1, 2030
§ 21080.57Bond-funded parks and trails exemption“This division does not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or maintenance of public park or nonmotorized recreational trail…”One paragraph · Last changed by Stats. 2025, Ch. 24 (SB 131)
§ 21080.61Stormwater facility maintenance exemption“This division does not apply to routine maintenance of public stormwater facilities that are fully concrete or have a conveyance capacity of less than a 100-year storm event if all…”4 subdivisions · Last changed by Stats. 2024, Ch. 761 (AB 3227) · repealed as of January 1, 2030
§ 21080.62Gypsum Canyon Veterans Cemetery“This division does not apply to any activity or approval necessary for the completion of the public and state veterans cemetery in Gypsum Canyon in the County of Orange, known…”2 subdivisions · Last changed by Stats. 2025, Ch. 158 (AB 571) · repealed as of January 1, 2030
§ 21080.69Community facility exemptions“Except as provided in subdivision (b), this division does not apply to any of the following projects:”2 subdivisions · Last changed by Stats. 2025, Ch. 24 (SB 131)
§ 21080.70High-speed rail facilities exemption“This division does not apply to a project that consists of the development, construction, or operation of a heavy maintenance facility or other maintenance facility for electrically powered high-speed rail,…”5 subdivisions · Last changed by Stats. 2025, Ch. 24 (SB 131)
§ 21080.77Midway Rising project EIR“The Legislature finds and declares all of the following:”4 subdivisions · Last changed by Stats. 2026, Ch. 786 (SB 344)
§ 21080.81Kern County oil and gas permitting“The Legislature finds and declares all of the following:”10 subdivisions · Last changed by Stats. 2025, Ch. 118 (SB 237) · repealed as of January 1, 2036
Findings, guidelines, review and notice 46
§ 21081Findings for significant effects“Pursuant to the policy stated in Sections 21002 and 21002.1, no public agency shall approve or carry out a project for which an environmental impact report has been certified which…”2 subdivisions · Last changed by Stats. 1994, Ch. 1294
§ 21081.5Substantial evidence for findings“In making the findings required by paragraph (3) of subdivision (a) of Section 21081, the public agency shall base its findings on substantial evidence in the record.”One paragraph · Last changed by Stats. 1994, Ch. 1294Refers to§ 21081
§ 21081.6Mitigation monitoring and enforceability“When making the findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section…”3 subdivisions · Last changed by Stats. 1994, Ch. 1294Refers to§ 21080§ 21081
§ 21081.7Transportation monitoring information“Transportation information resulting from the reporting or monitoring program required to be adopted by a public agency pursuant to Section 21081.6 shall be submitted to the transportation planning agency in…”One paragraph · Last changed by Stats. 2001, Ch. 867Refers to§ 21081.6§ 21083
§ 21082Agency procedures for CEQA review“All public agencies shall adopt by ordinance, resolution, rule, or regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation of environmental impact reports and negative declarations…”One paragraph · Last changed by Stats. 1976, Ch. 1312Refers to§ 21083
§ 21082.1Independent review of CEQA documents“A draft environmental impact report, environmental impact report, negative declaration, or mitigated negative declaration prepared pursuant to the requirements of this division shall be prepared directly by, or under contract…”4 subdivisions · Last changed by Stats. 2021, Ch. 97 (AB 819)
§ 21082.2Substantial evidence and significant effects“The lead agency shall determine whether a project may have a significant effect on the environment based on substantial evidence in light of the whole record.”5 subdivisions · Last changed by Stats. 1993, Ch. 1131
§ 21082.3Tribal cultural resource mitigation and confidentiality“Any mitigation measures agreed upon in the consultation conducted pursuant to Section 21080.3.2 shall be recommended for inclusion in the environmental document and in an adopted mitigation monitoring and reporting…”7 subdivisions · Last changed by Stats. 2021, Ch. 615 (AB 474)Refers to§ 21080.3.1§ 21080.3.2§ 21084.3
§ 21082.4Project benefits in review documents“In describing and evaluating a project in an environmental review document prepared pursuant to this division, the lead agency may consider specific economic, legal, social, technological, or other benefits, including…”One paragraph · Last changed by Stats. 2018, Ch. 193 (AB 2782)
§ 21083CEQA Guidelines requirements“The Office of Planning and Research shall prepare and develop proposed guidelines for the implementation of this division by public agencies. The guidelines shall include objectives and criteria for the…”6 subdivisions · Last changed by Stats. 2004, Ch. 689
§ 21083.01Fire hazard checklist questions“On or after January 1, 2013, at the time of the next review of the guidelines prepared and developed to implement this division pursuant to subdivision (f) of Section 21083,…”2 subdivisions · Last changed by Stats. 2012, Ch. 311 (SB 1241)Refers to§ 21083
§ 21083.05Greenhouse gas guidelines updates“The Office of Planning and Research and the Natural Resources Agency shall periodically update the guidelines for the mitigation of greenhouse gas emissions or the effects of greenhouse gas emissions…”One paragraph · Last changed by Stats. 2012, Ch. 548 (AB 2669)
§ 21083.09Appendix G tribal resource update“On or before July 1, 2016, the Office of Planning and Research shall prepare and develop, and the Secretary of the Natural Resources Agency shall certify and adopt, revisions to…”2 subdivisions · Last changed by Stats. 2014, Ch. 532 (AB 52)
§ 21083.1Limit on judicial expansion of CEQA“It is the intent of the Legislature that courts, consistent with generally accepted rules of statutory interpretation, shall not interpret this division or the state guidelines adopted pursuant to Section…”One paragraph · Last changed by Stats. 1993, Ch. 1070Refers to§ 21083
§ 21083.2Archaeological resources“As part of the determination made pursuant to Section 21080.1, the lead agency shall determine whether the project may have a significant effect on archaeological resources. If the lead agency…”12 subdivisions · Last changed by Stats. 1993, Ch. 375Refers to§ 21080.1§ 21082§ 21084§ 21084.1
§ 21083.4Oak woodlands conversion mitigation“For purposes of this section, oak means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by…”7 subdivisions · Last changed by Stats. 2004, Ch. 732Refers to§ 21080.1§ 21080.5§ 21081Other laws§ 50079.5
§ 21083.5NEPA and TRPA documents“The guidelines prepared and adopted pursuant to Section 21083 shall provide that, when an environmental impact statement has been, or will be, prepared for the same project pursuant to the…”2 subdivisions · Last changed by Stats. 1988, Ch. 493Refers to§ 21081
§ 21083.6Combined EIR-EIS time limit waiver“In the event that a project requires both an environmental impact report prepared pursuant to the requirements of this division and an environmental impact statement prepared pursuant to the requirements…”One paragraph · Last changed by Stats. 1977, Ch. 1200
§ 21083.7Joint EIR and NEPA statement“In the event that a project requires both an environmental impact report prepared pursuant to the requirements of this division and an environmental impact statement prepared pursuant to the requirements…”2 subdivisions · Last changed by Stats. 2000, Ch. 387Refers to§ 21083.5
§ 21083.8.1Military base reuse plan EIRs“For purposes of this section, reuse plan for a military base means an initial plan for the reuse of a military base adopted by a local government or a redevelopment…”5 subdivisions · Last changed by Stats. 2022, Ch. 258 (AB 2327)Refers to§ 21083.5§ 21092
§ 21083.9Scoping meetings“Notwithstanding Section 21080.4, 21104, or 21153, a lead agency shall call at least one scoping meeting for either of the following:”5 subdivisions · Last changed by Stats. 2012, Ch. 218 (SB 972)Refers to§ 21080.4§ 21092.4
§ 21084Categorical exemptions“The guidelines prepared and adopted pursuant to Section 21083 shall include a list of classes of projects that have been determined not to have a significant effect on the environment…”5 subdivisions · Last changed by Stats. 2013, Ch. 76 (AB 383)Refers to§ 21083§ 21084.1
§ 21084.1Historical resources significance“A project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment. For purposes…”One paragraph · Last changed by Stats. 1992, Ch. 1075
§ 21084.2Tribal cultural resources effects“A project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on…”One paragraph · Last changed by Stats. 2014, Ch. 532 (AB 52)
§ 21084.3Tribal cultural resource mitigation“Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.”2 subdivisions · Last changed by Stats. 2014, Ch. 532 (AB 52)Refers to§ 21080.3.2
§ 21086Changes to exempt class list“A public agency may, at any time, request the addition or deletion of a class of projects, to the list designated pursuant to Section 21084. That request shall be made…”3 subdivisions · Last changed by Stats. 2004, Ch. 689Refers to§ 21083§ 21084
§ 21087Carbon dioxide pipeline review“For purposes of this section, the following definitions apply:”4 subdivisions · Last changed by Stats. 2025, Ch. 529 (SB 614)Refers to§ 21080.5§ 21092
§ 21088Distribution of CEQA guidelines“The Secretary of the Resources Agency shall provide for the timely distribution to all public agencies of the guidelines and any amendments or changes thereto. In addition, the Secretary of…”One paragraph · Last changed by Stats. 1972, Ch. 1154
§ 21089CEQA fees“A lead agency may charge and collect a reasonable fee from a person proposing a project subject to this division in order to recover the estimated costs incurred by the…”3 subdivisions · Last changed by Stats. 2021, Ch. 615 (AB 474)Refers to§ 21080.1§ 21080.5§ 21081
§ 21090Redevelopment plan EIRs“An environmental impact report for a redevelopment plan may be a master environmental impact report, program environmental impact report, or a project environmental impact report. Any environmental impact report for…”2 subdivisions · Last changed by Stats. 2002, Ch. 625
§ 21090.1Geothermal exploratory project treatment“For all purposes of this division, a geothermal exploratory project shall be deemed to be separate and distinct from any subsequent geothermal field development project as defined in Section 65928.5…”One paragraph · Last changed by Stats. 1978, Ch. 1271
§ 21091Public review periods and comments“The public review period for a draft environmental impact report shall not be less than 30 days. If the draft environmental impact report is for a proposed project where a…”6 subdivisions · Last changed by Stats. 2021, Ch. 97 (AB 819)Refers to§ 21080.4§ 21083§ 21092
§ 21091.5Airport expansion EIR review period“Notwithstanding subdivision (a) of Section 21091, or any other provision of this division, the public review period for a draft environmental impact report prepared for a proposed project involving the…”One paragraph · Last changed by Stats. 2001, Ch. 534Refers to§ 21091
§ 21092Public notice of EIR or negative declaration“A lead agency that is preparing an environmental impact report or a negative declaration or making a determination pursuant to subdivision (c) of Section 21157.1 shall provide public notice of…”5 subdivisions · Last changed by Stats. 2021, Ch. 97 (AB 819)
§ 21092.1Recirculation after new information“When significant new information is added to an environmental impact report after notice has been given pursuant to Section 21092 and consultation has occurred pursuant to Sections 21104 and 21153,…”One paragraph · Last changed by Stats. 1984, Ch. 1514Refers to§ 21092
§ 21092.2Notice distribution requests“The notices required pursuant to Sections 21080.4, 21083.9, 21092, 21108, 21152, and 21161 shall be mailed to every person who has filed a written request for notices with either the…”4 subdivisions · Last changed by Stats. 2021, Ch. 97 (AB 819)Refers to§ 21080.4§ 21083.9§ 21092
§ 21092.3County clerk posting of notices“The notices required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office and on the internet website of the county clerk of…”One paragraph · Last changed by Stats. 2021, Ch. 97 (AB 819)Refers to§ 21080.4§ 21092
§ 21092.4Transportation agency consultation“For a project of statewide, regional, or areawide significance, the lead agency shall consult with transportation planning agencies and public agencies that have transportation facilities within their jurisdictions that could…”2 subdivisions · Last changed by Stats. 2008, Ch. 707
§ 21092.5Responses to agency comments“At least 10 days prior to certifying an environmental impact report, the lead agency shall provide a written proposed response to a public agency on comments made by that agency…”3 subdivisions · Last changed by Stats. 1991, Ch. 905Refers to§ 21083§ 21092
§ 21092.6Hazardous waste site list consultation“The lead agency shall consult the lists compiled pursuant to Section 65962.5 of the Government Code to determine whether the project and any alternatives are located on a site which…”2 subdivisions · Last changed by Stats. 2012, Ch. 548 (AB 2669)Refers to§ 21080.4
§ 21093Tiering of EIRs“The Legislature finds and declares that tiering of environmental impact reports will promote construction of needed housing and other development projects by (1) streamlining regulatory procedures, (2) avoiding repetitive discussions…”2 subdivisions · Last changed by Stats. 1985, Ch. 418
§ 21094Tiering from prior EIRs“Where a prior environmental impact report has been prepared and certified for a program, plan, policy, or ordinance, the lead agency for a later project that meets the requirements of…”6 subdivisions · Last changed by Stats. 2010, Ch. 496 (SB 1456)Refers to§ 21081
§ 21095Agricultural land conversion methodology“The Resources Agency, in consultation with the Office of Planning and Research, shall develop an amendment to Appendix G of the state guidelines, for adoption pursuant to Section 21083, to…”3 subdivisions · Last changed by Stats. 1993, Ch. 812Refers to§ 21083
§ 21096Airport land use compatibility review“If a lead agency prepares an environmental impact report for a project situated within airport land use compatibility plan boundaries, or, if an airport land use compatibility plan has not…”2 subdivisions · Last changed by Stats. 2002, Ch. 438
§ 21097San Quentin projects exemption“This division does not apply to the San Quentin Rehabilitation Center, San Quentin: Demolition of Building 38 and Construction of New Educational and Vocational Center project and the San Quentin…”One paragraph · Last changed by Stats. 2023, Ch. 47 (AB 134)
§ 21098Military notice requirements“For purposes of this section, the following terms have the following meanings:”4 subdivisions · Last changed by Stats. 2022, Ch. 258 (AB 2327)Refers to§ 21080.4§ 21081§ 21092
CEQA: Special Review of Housing Projects9 sectionsPub. Resources Code, Div. 13, Ch. 4.5, Article 6 [21159.20 – 21159.28]
CEQA exemptions and limits for qualifying housing projects: agricultural employee, affordable, and infill housing exemptions, the infill residential exemption in § 21159.25, and streamlining for projects consistent with a sustainable communities strategy.
Definitions and common criteria 2
§ 21159.20Definitions“For the purposes of this article, the following terms have the following meanings:”4 subdivisions · Last changed by Stats. 2002, Ch. 1039Other laws§ 50105§ 50093
§ 21159.21Criteria every exempt housing project must meet“A housing project qualifies for an exemption from this division pursuant to Section 21159.22, 21159.23, or 21159.24 if it meets the criteria in the applicable section and all of the…”10 subdivisions · Last changed by Stats. 2012, Ch. 39 (SB 1018)Refers to§ 21159.22§ 21159.23§ 21159.24Other laws§ 21084.1
Exemptions 4
§ 21159.22Agricultural employee housing exemption“This division does not apply to any development project that meets the requirements of subdivision (b), and meets either of the following criteria:”4 subdivisions · Last changed by Stats. 2002, Ch. 1039Refers to§ 21159.21Other laws§ 65589.5§ 50079.5
§ 21159.23Affordable housing exemption“This division does not apply to any development project that consists of the construction, conversion, or use of residential housing consisting of 100 or fewer that is affordable to low-income…”4 subdivisions · Last changed by Stats. 2002, Ch. 1039Refers to§ 21159.21Other laws§ 50053§ 50079.5
§ 21159.24Infill housing exemption“Except as provided in subdivision (b), this division does not apply to a project if all of the following criteria are met:”4 subdivisions · Last changed by Stats. 2014, Ch. 549 (SB 674)Refers to§ 21159.21Other laws§ 65589.5§ 65943
§ 21159.25Infill residential and mixed-use exemption“For purposes of this section, the following definitions apply:”5 subdivisions · Last changed by Stats. 2024, Ch. 271 (AB 2199) · repealed as of January 1, 2032
Limits and streamlining 3
§ 21159.26No reducing units as mitigation“With respect to a project that includes a housing development, a public agency may not reduce the proposed number of housing units as a mitigation measure or project alternative for…”One paragraph · Last changed by Stats. 2002, Ch. 1039
§ 21159.27No splitting projects to qualify“A project may not be divided into smaller projects to qualify for one or more exemptions pursuant to this article.”One paragraph · Last changed by Stats. 2002, Ch. 1039
§ 21159.28Streamlining for SCS-consistent projects“If a residential or mixed-use residential project is consistent with the use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy…”4 subdivisions · Last changed by Stats. 2008, Ch. 728Other laws§ 65080
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