CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD)

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housing developments along commercial corridors,as codified in text and in effect on July 1,2023. 1.2. That the alternative sites from its Upzoned Sites are subject to AB 2011. If the alternative sites from its Upzoned Sites are not already subject to AB 2011,the City must demonstrate that the sites are suitable for residential development as defined in Government Code section 65583.2.(See Gov. Code, §§ 65912.114,subd. (i)(2)(A),and 65912.124, subd. (i)(2)(A).) If the alternative sites from its and Upzoned Sites are already subject to AB 2011,the City must demonstrate that they are zoned at a density and height above that required by Government Code sections 65912.113, subdivision (b) for and 65912.123,subdivisions(b)and(c). (See Gov. Code, §§ 65912.114, subd. (i)(2)(B),and 65912.124, subd. (i)(2)(B).) 1.3. That the use of the alternative sites from its Upzoned Sites in lieu of the exempted sites set forth in the Ordinances meets the City's obligation to affirmatively further fair housing("AFFH"). (See Gov. Code, §§65912.114,subd.(i)(3)(C), and 65912.124, subd. (i)(3)(C).) 2. Application of AB 2011.All parties to this MOU acknowledge the following: 2.1. There is a fundamental disagreement as to whether AB 2011 as amended by AB 129 is applicable to the City. In order to avoid any further delay,the Parties shall in good faith continue to work together to assist the City in substantiating its compliance with AB 2011. For purposes of calculating no net loss, site suitability, and affirmatively furthering fair housing analyses, all citations to AB 2011 (Gov. Code, §§ 65912.110-65912,114 and 65912.120-65912-124) refer to that law as amended by AB 129, which became effective on July 10,2023. 2,2. Pursuant to the Housing Crisis Act of 2019, sites may not be used as alternative sites to offset sites that the City is exempting from AB 2011 if downzoning those sites would reduce their intensity of use below what was allowed under the land use designation or zoning ordinance in effect on January 1,2018. (Gov. Code, § 66300, subd. (b)(1)(A).) 2.3. Alternative sites identified under Government Code sections 65912.124, subdivision(i)(2)(B),and 65912.114, subdivision (i)(2)(B),must be zoned to allow more density than is required in Government Code section 65912.123, subdivision(c), and 65912.I 13, subdivision (b), respectively. 4