Unusual Circumstances
Housing Element Sites Inventory Guidebook (AB 1397) · 2026 edition · updated 2026-07-29 · California
Sites rezoned or identified for rezoning to accommodate a RHNA shortfall Previously identified sites can also include sites that were subject to a previous housing element’s rezone program but that were ultimately not rezoned. For example: a previous housing element’s rezone program to address a shortfall of sites for lower income households committed to rezone four acres to R-4 zoning, and identified five candidate sites for rezoning, A through E, and each site was two acres in size. If the program was completed in the prior planning period and four acres were rezoned, only those sites rezoned are considered “previously identified.” However, if none or fewer than four acres were rezoned, all the non-rezoned sites identified as candidate sites would be considered as “previously identified.”
Sites rezoned to a higher density as part of a general plan update (not needed to
accommodate a shortfall)
Due to updates in the prior planning period to the general plan or other planning activities, such as the creation of a specific plan, some sites previously identified in the housing element may have been rezoned allowing a higher density, and therefore increasing the potential housing capacity of the site. Because the zoning characteristics of this site have changed, it can be considered a new site for the purposes of the housing element inventory. This is only the case if it was not utilized to accommodate a shortfall of sites to accommodate the RHNA. End unusual circumstances
4 Sites in unincorporated areas in a nonmetropolitan county without a micropolitan area are exempt from this step. This includes the unincorporated parts of Alpine, Amador, Calaveras, Colusa, Glenn, Mariposa, Modoc, Mono, Plumas, Sierra, Siskiyou, Trinity.
Site Inventory Guidebook
Page 11
May 2020
Step 1A:
Indicate in the housing element site inventory that this parcel was used in a prior housing element planning period.
Get a plain-English answer with a citation back to this text.
Ask AI about this code▸ Contents — Housing Element Sites Inventory Guidebook (AB 1397)
- SUBJECT: Housing Element Site Inventory Guidebook Government C…
- Housing Element Site Inventory Requirements
- SITE INVENTORY GUIDEBOOK FRAMEWORK
- PART A: IDENTIFICATION OF SITES
- PART B: SITES TO ACCOMMODATE LOW AND VERY LOW- INCOME RHNA
- PART C: CAPACITY ANALYSIS
- PART D: NONVACANT SITES
- PART E: DETERMINATION OF ADEQUATE SITES
- Step 1: Identification of Developable Sites Government Code se…
- Government Code section 65583.2(b)
- Step 3: Infrastructure Availability Government Code section 65…
- Step 4: Map of Sites
- Step 5: Determination of Consistency with Affirmatively Furthe…
- Government Code section 65583.2(c)
- HCD Best Practices for selecting sites to accommodate the lowe…
- Step 7: Environmental Constraints
- NEXT STEP:
- Step 1: NEW Sites Used in Previous Planning Periods Housing El…
- Unusual Circumstances
- Step 1B:
- Definition of Use By Right (Government Code section 65583.2 (i))
- Sample Program:
- Government Code section 65583.2(c)(3)
- Housing Overlays
- Step 3: Size of Sites
- Definition of a Large Site
- Specific Plans, Master Plan, and other Subdivisions
- NEXT STEP:
- Step1: Utilizing minimum densities to calculate realistic capa…
- Government Code section 65583.2(c)(2)
- - Applicable land use controls and site improvement requirements
- Form Based Codes
- Typical densities of existing or approved residential developm…
- No Net Loss Law
- NEXT STEP:
- Definition of a Vacant Site
- Step 1: Description of the nonvacant site Government Code Sect…
- Government Code section 65583.2(g)(1)
- Existing Uses:
- Development Trends:
- Market Conditions:
- Availability of Regulatory and/or other Incentives:
- Step 3: NEW Reliance on nonvacant sites to accommodate more th…
- Step 4: NEW Program and policy requiring replacement of existi…
- Program X: Replacement Unit Program
- Funding: General Funds
- NEXT STEP:
- Government Code section 65583.1
- Impact of New Accessory Dwelling Unit Laws
- Step 2: Determine whether there is sufficient capacity to acco…
- Step 3: Adequate Sites Program
- General Program Requirements
- Timing
- Consequences for Failing to Complete Rezoning Deadline:
- Housing Accountability Act and the Housing Element
- Annexation
- Common Program Questions and Answers for Shortfall Zoning:
- ATTACHMENT 1: SUMMARY OF NEW LAWS REFERENCED IN THE GUIDEBOOK
- ATTACHMENT 2: GOVERNMENT CODE SECTION 65583.2