The housing element must include a detailed land inventory and analysis including a site specific inventory listing properties, zoning and general plan designation, size, and existing uses to accommodate the jurisdiction’s share of the regional housing needs.
In response to the Town’s draft housing element, the HCD determined that the Town did not demonstrate adequate sites, appropriately zoned to meet the jurisdictions share of the regional housing needs. In order to obtain certification of the Town’s housing element from HCD, the Town had to designate sites including providing zoning that allows owner-occupied and rental multi-family uses “by-right” with minimum densities and development standards.
The phrase "use by right” shall mean the local government's review of the owner occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code [CEQA]. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of [CEQA]. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.25. The concept is to require the community to identify sites that are available for development with affordable housing without any discretionary review, 25 §65589.5(f) permits a local agency to require developments to comply with development standards consistent with meeting the quantified objectives and to impose fees to provide services and facilities.