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California Government Code Section 65585

Legal Research Home > California Lawyer > Government Code > California Government Code Section 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) At least 90 days prior to adoption of its housing element, or
at least 60 days prior to the adoption of an amendment to this
element, the planning agency shall submit a draft element or draft
amendment to the department.  The department shall review the draft
and report its written findings to the planning agency within 90 days
of its receipt of the draft in the case of an adoption or within 60
days of its receipt in the case of a draft amendment.
   (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 the requirements of 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 the requirements of this
article, the legislative body shall take one of the following
actions:
   (1) Change the draft element or draft amendment to substantially
comply with the requirements of 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 the requirements of 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.

Last modified: January 12, 2009