65040.18.

 (a) A county may submit an application to the office, in the form and manner prescribed by the office, for the following purposes:

(1) Receiving findings from the office for purposes of subparagraphs (A) and (B) of paragraph (3) of subdivision (c) of Section 65918.5.03.

(2) Receiving findings from the office for purposes of subparagraph (D) of paragraph (3) of subdivision (c) of Section 65918.5.03.

(b) The office shall, in consultation with the Department of Housing and Community Development and the Natural Resources Agency, review applications submitted by a county pursuant to subdivision (a).

(c) (1) For applications submitted pursuant to paragraph (2) of subdivision (a), the office shall issue findings in favor of the county for purposes of subparagraph (D) of paragraph (3) of subdivision (c) of Section 65918.5.03 if all of the following apply:

(A) There is a lack of sufficient acreage in existing communities for the proposed residential development that is necessary to meet the county’s regional housing need.

(B) Acres that may be designated in existing communities for the proposed residential development for purposes of meeting the county’s regional housing need are unlikely to be developed in the required timeframe to meet the county’s regional housing need.

(C) The county cannot redesignate sufficient acreage on lands outside of climate resilient lands to meet the county’s regional housing need because the redesignation of land is infeasible or because there is insufficient acreage available for redesignation.

(2) For purposes of this subdivision, “proposed residential development” means the development related to the county’s increase in planned density, subdivision of property, or extension of water or sewer service pursuant to Chapter 4.3.1 (commencing with Section 65918.5).

(d) The office may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section.

(e) For purposes of this section, the definitions in Chapter 4.3.1 (commencing with Section 65918.5) apply.

(f) References to “county” in this section shall also refer to a city when related to lands subject to Section 65918.5.04.

65585.

 (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.

(b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.

(2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.

(3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).

(c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.

(d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.

(e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.

(f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:

(1) Change the draft element or draft amendment to substantially comply with this article.

(2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.

(g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.

(h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.

(i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).

(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.

(2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.

(j) 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 violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:

(1) Housing Accountability Act (Section 65589.5).

(2) Section 65863.

(3) Chapter 4.3 (commencing with Section 65915).

(4) Section 65008.

(5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).

(6) Section 8899.50.

(7) Section 65913.4.

(8) Article 11 (commencing with Section 65650).

(9) Article 12 (commencing with Section 65660).

(10) Section 65913.11.

(11) Section 65400.

(12) Section 65863.2.

(13) Chapter 4.1 (commencing with Section 65912.100).

(14) Section 65914.7.5.

(k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).

(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.

(1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.

(2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.

(3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:

(A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.

(B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California.

(4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).

(m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.

(n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.

(o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.

(p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).

65914.7.5.

 (a) For purposes of this section, the following definitions apply:

(1) “Climate smart parcel” means a parcel located in a highest resource, high resource, or moderate resource high-resource, or moderate-resource area, as categorized by the California Tax Credit Allocation Committee’s opportunity maps, that meets satisfies at least one of the following mobility indicators: mobility indicator.

(2) “High-quality transit corridor” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.

(3) “Housing development” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.

(4) “Local agency” means a city, county, or city and county, whether general law or chartered.

(5) “Major transit stop” has the same meaning as defined in Section 21064.3 subdivision (b) of Section 21155 of the Public Resources Code.

(7) “Objective zoning standards” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.

(8) “Priority development area” means an area identified under the region’s most recent sustainable communities strategy as prime locations for additional growth. These areas may include job centers, transit priority areas, or other characteristics where mobility options support achieving greenhouse gas emissions reduction.

(9) (A) “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. capita, or county vehicle miles per capita.

(B) For purposes of this subdivision, “area” may include a travel analysis zone, hexagon, or grid.

(C) For purposes of determining “regional vehicle miles traveled per capita” pursuant to this subdivision, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.

 

(b) A proposed housing development shall be subject to a streamlined, ministerial approval process in subdivision (c) without discretionary review or hearing, if the proposed housing development consists of multiple units and satisfies all of the following objective planning standards:

(1) (A) For incorporated areas, the proposed housing development is proposed to be developed on a legal parcel or parcels that includes at least a portion of an It is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either urbanized area or urban cluster, as designated by the United States Census Bureau.

(B) For unincorporated areas, the proposed housing development is proposed to be developed on a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

(2) The proposed parcel for the proposed housing development is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, and at least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.

(3) (A) The proposed parcel for the proposed housing development satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

(B) The proposed parcel is not in an area projected to experience flooding at less than or equal to sea level rise of five feet according to information from the National Oceanic and Atmospheric Administration or according to the best available science.

(C) The proposed parcel is not on natural lands within 100 meters width of streams or rivers, including, but not limited to, streams or rivers mapped in the United States Environmental Protection Agency National Hydrography Dataset NHDPlus, and not on natural lands mapped by the United States Forest Service, Pacific Southwest Region, existing Vegetation CALVEG, or best available science.

(4) The development on the proposed parcel would not require the demolition or alteration of either of the following types of housing:

(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, as defined in Sections 50093 and 50105 of the Health and Safety Code.

(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

(5) The development on the proposed parcel would not require the demolition of a historic structure that was placed on a national or state historic register.

(6) (A) Subject to subparagraph (B), the proposed parcel is included in the applicable region’s sustainable communities strategy as a priority development area or is a climate-smart parcel.

(B) If the parcel is included in the applicable region’s sustainable communities strategy as a priority development area or is part of a master environmental impact report pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), meets one of the mobility indicators defined in paragraph (1) of subdivision (a), and the proposed development would not be eligible for ministerial approval under Section 65913.4 because it does not meet the requirements of subparagraph (5) of subdivision (a) of that section, then it shall be treated it shall be treated as a climate-smart parcel for purposes of this section.

(7) If the proposed housing development is ____ units or more, the development proponent certifies to the locality that it will comply with the requirements of Section 65912.130 or 65912.131 of the Government Code.

(8) The proposed development dedicates a minimum of ____ percent of the total number of units, before calculating any density bonus, to deed-restricted affordable housing.

(c) (1) If a local agency determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (b) and pursuant to paragraph (3), it shall approve the development. If a local agency determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (b), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:

(A) Within 60 days of submittal of the development to the local agency pursuant to this section if the development contains 150 or fewer housing units.

(B) Within 90 days of submittal of the development to the local agency pursuant to this section if the development contains more than 150 housing units.

(2) If the local agency fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (b).

(3) For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (b) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local agency shall not determine that a development, including an application for a modification under subdivision (b), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.

(d) (1) (A) A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (c) if that request is submitted to the local agency before the issuance of the final building permit required for construction of the development.

(B) Except as provided in paragraph (3), the local agency shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (b) that were in effect when the original development application was first submitted.

(C) The local agency shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local agency originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (c).

(D) A guideline that was adopted or amended by the department pursuant to subdivision (f) after a development was approved through the streamlined, ministerial approval process described in subdivision (c) shall not be used as a basis to deny proposed modifications.

(2) Upon receipt of the development proponent’s application requesting a modification, the local agency shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required.

(3) Notwithstanding paragraph (1), the local agency may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:

(A) The development is revised such that the total number of residential units or total square footage of construction changes by 15 percent or more. The calculation of the square footage of construction changes shall not include underground space.

(B) The development is revised such that the total number of residential units or total square footage of construction changes by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction changes shall not include underground space.

(C) Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent.

(4) The local agency’s review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.

 

(e) (1) For multifamily housing developments that consist of multiple units on a climate-smart parcel that are submitted pursuant to this section, the following shall apply:

(A) A local agency shall not require impose a setback greater than four feet from the side, rear, and front lot lines.

(C) The A local agency shall not impose requirements that preclude a development project that has a maximum lot coverage of 60 percent. applicable to the housing development of less than 60 percent.

(D) The A local agency shall not impose or enforce a minimum parking requirement.

(E) Depending on the number of mobility indicators indicators, the local agency shall impose the following floor area ratios: not do any of the following:

(i) For a housing development project on a parcel with one mobility indicator, impose a floor area ratio that is less than 1.0.

(ii) For a housing development project on a parcel with two mobility indicators, impose a floor area ratio that is less than 1.25.

(iii) For a housing development project on a parcel with all three mobility indicators, impose a floor area ratio that is less than 1.5.

(2) A development proposed pursuant to this section shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915.

(3) A local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section. However, the local agency shall not do the following:

(A) Impose standards that would have the effect of physically precluding the construction of projects that meet or exceed the density standards described in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.

(B) Adopt or impose any requirement that applies to a development project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section, including, but not limited to, increased fees or inclusionary housing requirements.

(f) The Department of Housing and Community Development may review, adopt, amend, and repeal guidelines, rules, and regulations to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section.

65918.5.

 For purposes of this chapter, the following definitions apply:

(a) “Climate resilient lands” means lands that are not existing communities and that are not excluded lands.

(b) “Climate risk lands” mean lands within climate resilient lands that have been identified as lands within very high and high fire severity zones, lands identified as flood zones, or lands identified as having a sea level rise risk of five feet according to the latest science.

(c) “Climate refugia lands” means lands within Terrestrial Connectivity categories 3, 4, and 5 of the Department of Fish and Wildlife’s Area of Conservation Emphasis.

(d) “Existing communities” means the following:

(1) For incorporated areas, lands within municipal boundaries as of January 1, 2024.

(2) For unincorporated areas, an urbanized area or urban cluster, as designated by the United States Census Bureau.

(e) “Excluded lands” are lands that meet one of the following criteria:

(1) Parcels with vested rights.

(2) Lands within specific plans with an environmental impact report adopted on or before January 1, 2024.

(3) Lands zoned for agriculture, rural, or rangeland succession reasons to accommodate agricultural workforce that result in uses that remain accessory to the primary use.

(f) “Planned density” means the density of housing that is planned for the land or parcel, as set on January 1, 2024, in the county’s general plan.

65918.5.01.

 The Legislature finds and declares that the purpose of this chapter is to protect the public health and safety by preserving high value natural and working lands for the benefit of climate resilience, equitable access to open space, biodiversity, wildlife corridors, and food security.

65918.5.02.

 (a) Notwithstanding any law, a county shall not increase the planned density on climate resilient lands unless the planning requirements or conditions set forth in Section 65918.5.03 are met.

(b) Notwithstanding any law, a county shall not approve any tentative, final, or parcel maps pursuant to Division 2 (commencing with Section 66410) for the subdivision of property within climate risk lands or climate refugia lands unless the planning requirements or conditions set forth in Section 65918.5.03 are met.

(c) Notwithstanding any law, a county shall not approve an extension of water or sewer services on climate resilient lands unless the planning requirements or conditions set forth in Section 65918.5.03 are met or the extension of these services are to meet public health and safety requirements for existing residents.

65918.5.03.

 A county is not subject to Section 65918.5.02 if all of the following planning requirements or and conditions are met:

(a) The county has a housing element that is approved by the Department of Housing and Community Development.

(b) The county’s board of supervisors makes a finding, based on a preponderance of the evidence, of housing necessity.

(c) Following the finding in subdivision (b), the county’s board of supervisors does the following:

(1) Amends its general plan, pursuant to procedures required by law, including Article 6 (commencing with Section 65350), to increase the planned density on climate resilient lands, to authorize the subdivision of property within climate risk lands or climate refugia lands, or to authorize the extension of water or sewer services on climate resilient lands, as applicable.

(2) In addition to notice required by Article 6 (commencing with Section 65350), provides at least 30 days’ notice of the public hearing on the proposed amendments to the general plan to the owners of properties adjacent to the area affected by the proposed planned density increase, subdivision of property, or extension of water or sewer services, as applicable, to the applicable local agency formation commission, to any city in whose sphere of influence the proposed planned density increase, subdivision of property, or extension of water or sewer services, as applicable, is located, and any other party that requests notice from the county by submitting their name and contact information with the county clerk.

(3) Makes, in conjunction with the amendment of the general plan, all of the following findings:

(A) The proposed development requiring the increase in planned density, subdivision of property, or extension of water or sewer services is necessary to comply with state housing requirements, as confirmed by the Office of Planning and Research.

(B) The parcels requiring the increase in planned density, subdivision of property, or extension of water or sewer service, as applicable, will not exceed the minimum area necessary to comply with state housing law, as confirmed by the Office of Planning and Research.

(C) The proposed development requiring an increase in planned density, subdivision of property, or extension of water or sewer service is immediately adjacent to developed areas and housing proponent has provided evidence to the county that the county’s departments, any applicable community services districts, and any other districts providing utilities or services to the relevant parcel have adequate capacity to accommodate the proposed development for the succeeding 30 years. For purposes of this subparagraph, the county’s departments and other districts providing utilities and services include, but are not limited to, the fire department, sheriff’s department, public works department, water and sewer districts, and school districts.

(D) There is no other existing residential or commercial property available to accommodate the proposed development on lands outside of climate resilient lands and it is not feasible to accommodate the proposed development by redesignating lands outside of climate resilient lands, as confirmed by the Office of Planning and Research.

65918.5.04.

 Notwithstanding any law, any land that is subject to Section 65918.5.02 that is annexed by a city after January 1, 2024, shall still be subject to the prohibitions of this chapter unless it is an excluded land. For purposes of land that is subject to this section, references in this chapter to “county” shall also refer to the city that annexed the land.

66425.5.

 Notwithstanding any law, a county shall not approve any tentative, final, or parcel maps for the subdivision of property pursuant to this division unless the planning requirements or conditions set forth in Section 65918.5.03 are met for the affected parcels.