BILL NUMBER: SB 520	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Chesbro

                        FEBRUARY 22, 2001

   An act to amend Section 65583 of the Government Code, relating to
housing.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 520, as introduced, Chesbro.  General plans: housing elements.
   The Planning and Zoning Law requires the housing element of a
local general plan to make adequate provision for the housing needs
of all economic segments of the community, to include, among other
things, an analysis of the special housing needs of the handicapped,
and to promote housing opportunities for all persons regardless of
race, religion, sex, marital status, ancestry, national origin, or
color.
   This bill would also require the housing element of a general plan
to promote housing opportunities for persons with disabilities and
to identify adequate sites for housing for persons with disabilities,
as specified, thereby creating a state-mandated local program by
imposing new duties on local agencies.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 65583 of the Government Code is amended to
read:
   65583.  The housing element shall consist of an identification and
analysis of existing and projected housing needs and a statement of
goals, policies, quantified objectives, financial resources, and
scheduled programs for the preservation, improvement, and development
of housing.  The housing element shall identify adequate sites for
housing, including rental housing, factory-built housing, and
mobilehomes, and shall make adequate provision for the existing and
projected needs of all economic segments of the community.  The
element shall contain all of the following:
   (a) An assessment of housing needs and an inventory of resources
and constraints relevant to the meeting of these needs.  The
assessment and inventory shall include the following:
   (1) An analysis of population and employment trends and
documentation of projections and a quantification of the locality's
existing and projected housing needs for all income levels.  These
existing and projected needs shall include the locality's share of
the regional housing need in accordance with Section 65584.
   (2) An analysis and documentation of household characteristics,
including level of payment compared to ability to pay, housing
characteristics, including overcrowding, and housing stock condition.

   (3) An inventory of land suitable for residential development,
including vacant sites and sites having potential for redevelopment,
and an analysis of the relationship of zoning and public facilities
and services to these sites.
   (4) An analysis of potential and actual governmental constraints
upon the maintenance, improvement, or development of housing for all
income levels, including land use controls, building codes and their
enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures.  The analysis
shall also demonstrate local efforts to remove governmental
constraints that hinder the locality from meeting its share of the
regional housing need in accordance with Section 65584.
   (5) An analysis of potential and actual nongovernmental
constraints upon the maintenance, improvement, or development of
housing for all income levels, including the availability of
financing, the price of land, and the cost of construction.
   (6) An analysis of any special housing needs, such as those of the
 handicapped,  elderly,  persons with
disabilities,  large families, farmworkers, families with female
heads of households, and families and persons in need of emergency
shelter.
   (7) An analysis of opportunities for energy conservation with
respect to residential development.
   (8) An analysis of existing assisted housing developments that are
eligible to change from low-income housing uses during the next 10
years due to termination of subsidy contracts, mortgage prepayment,
or expiration of restrictions on use.  "Assisted housing
developments," for the purpose of this section, shall mean
multifamily rental housing that receives governmental assistance
under federal programs listed in subdivision (a) of Section 65863.10,
state and local multifamily revenue bond programs, local
redevelopment programs, the federal Community Development Block Grant
Program, or local in-lieu fees.  "Assisted housing developments"
shall also include multifamily rental units that were developed
pursuant to a local inclusionary housing program or used to qualify
for a density bonus pursuant to Section 65916.
   (A) The analysis shall include a listing of each development by
project name and address, the type of governmental assistance
received, the earliest possible date of change from low-income use
and the total number of elderly and nonelderly units that could be
lost from the locality's low-income housing stock in each year during
the 10-year period.  For purposes of state and federally funded
projects, the analysis required by this subparagraph need only
contain information available on a statewide basis.
   (B) The analysis shall estimate the total cost of producing new
rental housing that is comparable in size and rent levels, to replace
the units that could change from low-income use, and an estimated
cost of preserving the assisted housing developments.  This cost
analysis for replacement housing may be done aggregately for each
five-year period and does not have to contain a project by project
cost estimate.
   (C) The analysis shall identify public and private nonprofit
corporations known to the local government which have legal and
managerial capacity to acquire and manage these housing developments.

   (D) The analysis shall identify and consider the use of all
federal, state, and local financing and subsidy programs which can be
used to preserve, for lower income households, the assisted housing
developments, identified in this paragraph, including, but not
limited to, federal Community Development Block Grant Program funds,
tax increment funds received by a redevelopment agency of the
community, and administrative fees received by a housing authority
operating within the community.  In considering the use of these
financing and subsidy programs, the analysis shall identify the
amounts of funds under each available program which have not been
legally obligated for other purposes and which could be available for
use in preserving assisted housing developments.
   (b) (1) A statement of the community's goals, quantified
objectives, and policies relative to the maintenance, preservation,
improvement, and development of housing.
   (2) It is recognized that the total housing needs identified
pursuant to subdivision (a) may exceed available resources and the
community's ability to satisfy this need within the content of the
general plan requirements outlined in Article 5 (commencing with
Section 65300).  Under these circumstances, the quantified objectives
need not be identical to the total housing needs.  The quantified
objectives shall establish the maximum number of housing units by
income category that can be constructed, rehabilitated, and conserved
over a five-year time period.
   (c) A program which sets forth a five-year schedule of actions the
local government is undertaking or intends to undertake to implement
the policies and achieve the goals and objectives of the housing
element through the administration of land use and development
controls, provision of regulatory concessions and incentives, and the
utilization of appropriate federal and state financing and subsidy
programs when available and the utilization of moneys in a Low and
Moderate Income Housing Fund of an agency if the locality has
established a redevelopment project area pursuant to the Community
Redevelopment Law (Division 24 (commencing with Section 33000) of the
Health and Safety Code).  In order to make adequate provision for
the housing needs of all economic segments of the community, the
program shall do all of the following:
   (1) (A) Identify adequate sites which will be made available
through appropriate zoning and development standards and with
services and facilities, including sewage collection and treatment,
domestic water supply, and septic tanks and wells, needed to
facilitate and encourage the development of a variety of types of
housing for all income levels, including multifamily rental housing,
factory-built housing, mobilehomes, housing for agricultural
employees, emergency shelters, and transitional housing in order to
meet the community's housing goals as identified in subdivision (b).
 Where  
   (i) Where  the inventory of sites, pursuant to paragraph (3)
of subdivision (a), does not identify adequate sites to accommodate
the need for groups of all household income levels pursuant to
Section 65584, the program shall provide for sufficient sites with
zoning that permits owner-occupied and rental multifamily residential
use by right, including density and development standards that could
accommodate and facilitate the feasibility of housing for very low
and low-income households.   Where  
   (ii) Where  the inventory of sites pursuant to paragraph (3)
of subdivision (a) does not identify adequate sites to accommodate
the need for farmworker housing, the program shall provide for
sufficient sites to meet the need with zoning that permits farmworker
housing use by right, including density and development standards
that could accommodate and facilitate the feasibility of the
development of farmworker housing for low and very low income
households.  
   (iii) Where the inventory of sites pursuant to paragraph (3) of
subdivision (a) does not identify adequate sites to accommodate the
need for housing for persons with disabilities, the program shall
provide for sufficient sites to meet the need with zoning that
permits housing use by right for persons with disabilities, including
density and development standards that could accommodate and
facilitate the feasibility of the development of housing for persons
with disabilities in low- and very low-income households. 
   (B) For purposes of this paragraph, the phrase "use by right"
shall mean the use does not require a conditional use permit, except
when the proposed project is a mixed-use project involving both
commercial or industrial uses and residential uses.  Use by right for
all rental multifamily residential housing shall be provided in
accordance with subdivision (f) of Section 65589.5.
   (C) The requirements of this subdivision regarding identification
of sites for farmworker housing shall apply commencing with the next
revision of housing elements required by Section 65588 following the
enactment of this subparagraph.
   (2) Assist in the development of adequate housing to meet the
needs of low- and moderate-income households.
   (3) Address and, where appropriate and legally possible, remove
governmental constraints to the maintenance, improvement, and
development of housing.
   (4) Conserve and improve the condition of the existing affordable
housing stock, which may include addressing ways to mitigate the loss
of dwelling units demolished by public or private action.
   (5) Promote housing opportunities for all persons regardless of
race, religion, sex, marital status, ancestry, national origin,
 or  color  , or disability  .
   (6) (A) Preserve for lower income households the assisted housing
developments identified pursuant to paragraph (8) of subdivision (a).
  The program for preservation of the assisted housing developments
shall utilize, to the extent necessary, all available federal, state,
and local financing and subsidy programs identified in paragraph (8)
of subdivision (a), except where a community has other urgent needs
for which alternative funding sources are not available.  The program
may include strategies that involve local regulation and technical
assistance.
   (B) The program shall include an identification of the agencies
and officials responsible for the implementation of the various
actions and the means by which consistency will be achieved with
other general plan elements and community goals.  The local
government shall make a diligent effort to achieve public
participation of all economic segments of the community in the
development of the housing element, and the program shall describe
this effort.
   (d) The analysis and program for preserving assisted housing
developments required by the amendments to this section enacted by
the Statutes of 1989 shall be adopted as an amendment to the housing
element by July 1, 1992.
   (e) Failure of the department to review and report its findings
pursuant to Section 65585 to the local government between July 1,
1992, and the next periodic review and revision required by Section
65588, concerning the housing element amendment required by the
amendments to this section by the Statutes of 1989, shall not be used
as a basis for allocation or denial of any housing assistance
administered pursuant to Part 2 (commencing with Section 50400) of
Division 31 of the Health and Safety Code.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.