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TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]›DIVISION 1. PLANNING AND ZONING [65000 - 66345.4]›CHAPTER 4. Zoning Regulations [65800 - 65912]›ARTICLE 2. Adoption of Regulations [65850 - 65863.13]›§ 65863

§ 65863.4

Government Code §§ 65800–65912 — Zoning Regulations (Planning and Zoning Law, Chapter 4) · 2026 edition · updated 2026-07-29 · California

65863.4. (a) 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 commission and legislative body shall approve a nonconforming use ordinance for multifamily dwellings that are involuntarily damaged or destroyed, which may be conditioned on the approval of an ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized for multifamily dwelling uses.

(b) The planning commission and legislative body shall hold a public hearing on the proposed nonconforming use ordinance. Notice of the public hearing shall be given pursuant to Section 65090. If this hearing is held at the same time as a hearing under Section 65353 or 65854, notice for the hearings may be combined.

(c) A nonconforming multifamily dwelling ordinance need not apply to multifamily dwellings which have been abandoned for a specified period prior to being involuntarily damaged or destroyed, or to multifamily dwellings constituting a public nuisance prior to being involuntarily damaged or destroyed.

(d) For purposes of this section, “multifamily dwelling” means any structure designed for human habitation that has been divided into two or more legally created independent living quarters.

(e) This section shall not apply to either of the following:

(1) A city, county, or city and county that has adopted a nonconforming use ordinance that applies to multifamily dwellings that are involuntarily damaged or destroyed.

(2) A proposed zoning ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized for multifamily dwelling uses, that has been requested by the owner of the property authorized for multifamily dwelling uses.

(f) Notwithstanding Section 65803, and except as provided in subdivision (e), this section shall also apply to a charter city.

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

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▸ Contents — Government Code §§ 65800–65912 — Zoning Regulations (Planning and Zoning Law, Chapter 4)
Government Code §§ 65800–65912 — Zoning Regulations (Planning and Zoning Law, Chapter 4)
  1. Government Code §§ 65800–65912 — Zoning Regulations (Planning …
  2. ▸ TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
    Overview
    1. ▸ DIVISION 1. PLANNING AND ZONING [65000 - 66345.4]
      Overview
      1. ▸ CHAPTER 4. Zoning Regulations [65800 - 65912]
        Overview
        1. ARTICLE 1. General Provisions [65800 - 65804]
        2. ▸ ARTICLE 2. Adoption of Regulations [65850 - 65863.13]
          Overview
          1. § 65850
          2. § 65851
          3. § 65852
          4. § 65853
          5. § 65854
          6. § 65855
          7. § 65856
          8. § 65857
          9. § 65858
          10. § 65859
          11. § 65860
          12. § 65861
          13. § 65862
          14. ▸ § 65863
            Overview
            1. § 65863.1
            2. § 65863.2
            3. § 65863.3
            4. § 65863.4
            5. § 65863.5
            6. § 65863.6
            7. § 65863.7
            8. § 65863.8
            9. § 65863.9
            10. § 65863.10
            11. § 65863.11
            12. § 65863.12
            13. § 65863.13
        3. ARTICLE 2.5. Development Agreements [65864 - 65869.5]
        4. ARTICLE 2.7. Covenants for Easement [65870 - 65875]
        5. ARTICLE 2.9. Guidebook for Jobs-Housing Balance [65890.1 - 658…
        6. ARTICLE 3. Administration [65900 - 65909.5]
        7. ARTICLE 4. Open-Space Zoning [65910 - 65912]

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