BILL NUMBER: AB 679 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 2, 2011
INTRODUCED BY Assembly Member Allen
FEBRUARY 17, 2011
An act to amend Section 65584.07 65584.6
of the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 679, as amended, Allen. Land use: housing element.
The Planning and Zoning Law requires a city or county to prepare
and adopt a comprehensive, long-term general plan, and requires the
general plan to include specified, mandatory elements, including a
housing element. That law requires the housing element, in
turn, to contain, among other items, an assessment of housing needs
and an inventory of resources and constraints relevant to the meeting
of those needs.
That law requires, for purposes of that assessment and inventory,
the city's or county's share of the regional housing need to include
that share of the housing need of persons at all income levels within
the city or county. That law also requires the Department of Housing
and Community Development, in consultation with each council of
governments, to determine each region's existing and projected
housing need, as specified, and the appropriate council of
governments, or for cities and counties without a council of
governments, the department, to adopt a final regional housing need
plan that allocates a share of the regional housing need to each city
and county, as specified.
That law further requires the council of governments, or
department, whichever assigned a county's share of regional housing
needs, to reduce the county's share if specified conditions relating
to the transfer of shares are met, including the condition that the
county's share of low-income and very low income housing only be
reduced in proportion to the amount by which the county's share of
moderate- and above moderate-income housing is reduced.
This bill would provide that, with respect to that condition, in
the case of a transfer in which a county provides funding for
affordable housing construction within a city, that transfer does not
have to be proportional across income categories, but may reflect
the specific affordability of units that are being funded.
That law authorizes the County of Napa, during a specified period
ending June 30, 2007, to meet up to 15% of its existing share of the
regional housing need for lower income households by committing funds
for the purpose of constructing affordable housing units, and
constructing those units in one or more cities within the county,
only after specified conditions are met. Among those conditions is a
requirement that the receiving city demonstrate that it has met,
within a specified period, at least 20% of its share of the regional
need for housing for very low income households allocated to the
city, as specified.
This bill would extend the period of this authorization to October
31, 2022, and would delete the requirement that the receiving city
demonstrate that it has met at least 20% of its share of the regional
need for housing for very low income households allocated to the
city.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65584.6 of the
Government Code is amended to read:
65584.6. (a) The County of Napa may , during its current
housing element planning period, identified in Section 65588,
meet up to 15 percent of its existing share of the regional
housing need for lower income households, as defined in Section
65584, by committing funds for the purpose of constructing affordable
housing units, and constructing those units in one or more cities
within the county, only after all of the following conditions are
met:
(1) An agreement has been executed between the county and the
receiving city or cities, following a public hearing held by the
county and the receiving city or cities to solicit public comments on
the draft agreement. The agreement shall contain information
sufficient to demonstrate that the county and city or cities have
complied with the requirements of this section and shall also include
the following:
(A) A plan and schedule for timely construction of dwelling units.
(B) Site identification by street address for the units to be
developed.
(C) A statement either that the sites upon which the units will be
developed were identified in the receiving city's housing element as
potential sites for the development of housing for lower-income
households, or that the units will be developed on previously
unidentified sites.
(D) The number and percentage of the county's lower-income housing
needs previously transferred, for the appropriate planning period,
pursuant to this section.
(2) The council of governments that assigned the county's share
receives and approves each proposed agreement to meet a portion of
the county's fair share housing allocation within one or more of the
cities within the county after taking into consideration the criteria
of subdivision (a) of Section 65584. If the council of governments
fails to take action to approve or disapprove an agreement between
the county and the receiving city or cities within 45 days following
the receipt of the agreement, the agreement shall be deemed approved.
(3) The city or cities in which the units are developed agree not
to count the units towards their share of the region's affordable
housing need.
(4) The county and the receiving city or cities, based on
substantial evidence on the record, make the following findings:
(A) Adequate sites with appropriate zoning exist in the receiving
city or cities to accommodate the units to be developed pursuant to
this section. The agreement shall demonstrate that the city or cities
have identified sufficient vacant or underutilized or vacant and
underutilized sites in their housing elements to meet their existing
share of regional housing need, as allocated by the council of
governments pursuant to subdivision (a) of Section 65584, in addition
to the sites needed to construct the units pursuant to this section.
(B) If needed, additional subsidy or financing for the
construction of the units is available.
(C) The receiving city or cities have housing elements that have
been found by the Department of Housing and Community Development to
be in compliance with this article.
(5) If the sites upon which units are to be developed pursuant to
this section were previously identified in the receiving city's
housing element as potential sites for the development of housing
sufficient to accommodate the receiving city's share of the lower
income household need identified in its housing element, then the
receiving city shall have amended its housing element to identify
replacement sites by street address for housing for lower-income
households. Additionally, the Department of Housing and Community
Development shall have received and reviewed the amendment and found
that the city's housing element continues to comply with this
article.
(6) The county and receiving city or cities shall have completed,
and provided to the department, the annual report required by
subdivision (b) of Section 65400.
(7) For a period of five years after a transfer occurs, the report
required by subdivision (b) of Section 65400 shall include
information on the status of transferred units, implementation of the
terms and conditions of the transfer agreement, and information on
any dwelling units actually constructed, including the number, type,
location, and affordability requirements.
(8) The receiving city demonstrates that it has met, in the
current or previous housing element cycle, at least 20 percent of its
share of the regional need for housing for very low-income
households allocated to the city pursuant to Section 65584.
(b) The credit that the county receives pursuant to this section
shall not exceed 40 percent of the number of units that are
affordable to lower income households and constructed and occupied
during the same housing element cycle in unincorporated areas of the
county. The county shall only receive the credit after the units have
been constructed and occupied. Within 60 days of issuance of a
certificate of occupancy for the units, the county shall inform the
council of governments and the department in writing that a
certificate of occupancy has been issued.
(c) Concurrent with the review by the council of governments
prescribed by this section, the Department of Housing and Community
Development shall evaluate the agreement to determine whether the
city or cities are in substantial compliance with this section. The
department shall report the results of its evaluation to the county
and city or cities for inclusion in their record of compliance with
this section.
(d) If at the end of the five-year period identified in
subdivision (c) of Section 65583, any percentage of the regional
share allocation has not been constructed as provided pursuant to
subdivision (a), or, after consultation with the department, the
council of governments determines that the requirements of paragraphs
(5) and (7) of subdivision (a) have not been substantially complied
with, the council of governments shall add the unbuilt units to Napa
County's regional share allocation for the planning period of the
next periodic update of the housing element.
(e) Napa County shall not meet a percentage of its share of the
regional share pursuant to subdivision (a) on or after June
30, 2007 October 31, 2022 , unless a later
enacted statute, that is enacted before June 30, 2007
October 31, 2022 , deletes or extends that date.
SECTION 1. Section 65584.07 of the Government
Code is amended to read:
65584.07. (a) During the period between adoption of a final
regional housing needs allocation and the due date of the housing
element update under Section 65588, the council of governments, or
the department, whichever assigned the county's share, shall reduce
the share of regional housing needs of a county if all of the
following conditions are met:
(1) One or more cities within the county agree to increase its
share or their shares in an amount equivalent to the reduction.
(2) The transfer of shares shall only occur between a county and
cities within that county.
(3) The county's share of low-income and very low income housing
shall be reduced only in proportion to the amount by which the county'
s share of moderate- and above moderate-income housing is reduced.
However, in the case of a transfer in which a county provides funding
for affordable housing construction within a city, that transfer
does not have to be proportional across income categories, but may
reflect the specific affordability of units that are being funded.
(4) The council of governments or the department, whichever
assigned the county's share, shall approve the proposed reduction, if
it determines that the conditions set forth in paragraphs (1), (2),
and (3) above have been satisfied. The county and city or cities
proposing the transfer shall submit an analysis of the factors and
circumstances, with all supporting data, justifying the revision to
the council of governments or the department. The council of
governments shall submit a copy of its decision regarding the
proposed reduction to the department.
(b) (1) The county and cities that have executed transfers of
regional housing needs pursuant to subdivision (a) shall use the
revised regional housing need allocation in their housing elements
and shall adopt their housing elements by the deadlines set forth in
Section 65588.
(2) A city that has received a transfer of a regional housing need
pursuant to subdivision (c) shall adopt or amend its housing element
within 30 months of the effective date of incorporation.
(3) A county or city that has received a transfer of regional
housing need pursuant to subdivision (d) shall amend its housing
element within 180 days of the effective date of the transfer.
(4) A county or city is responsible for identifying sites to
accommodate its revised regional housing need by the deadlines set
forth in paragraphs (1), (2), and (3).
(5) All materials and data used to justify any revision shall be
made available upon request to any interested party within seven days
upon payment of reasonable costs of reproduction unless the costs
are waived due to economic hardship. A fee may be charged to
interested parties for any additional costs caused by the amendments
made to former subdivision (c) of Section 65584 that reduced from 45
to 7 days the time within which materials and data were required to
be made available to interested parties.
(c) (1) If an incorporation of a new city occurs after the council
of governments, subregional entity, or the department for areas with
no council of governments, has made its final allocation under
Section 65584.03, 65584.04, 65584.06, or 65584.08, a portion of the
county's allocation shall be transferred to the new city. The city
and county may reach a mutually acceptable agreement for transfer of
a portion of the county's allocation to the city, which shall be
accepted by the council of governments, subregional entity, or the
department, whichever allocated the county's share. If the affected
parties cannot reach a mutually acceptable agreement, then either
party may submit a written request to the council of governments,
subregional entity, or to the department for areas with no council of
governments, to consider the facts, data, and methodology presented
by both parties and determine the number of units, by income
category, that should be transferred from the county's allocation to
the new city.
(2) Within 90 days after the date of incorporation, either the
transfer, by income category, agreed upon by the city and county, or
a written request for a transfer, shall be submitted to the council
of governments, subregional entity, or to the department, whichever
allocated the county's share. A mutually acceptable transfer
agreement shall be effective immediately upon receipt by the council
of governments, the subregional entity, or the department. A copy of
a written transfer request submitted to the council of governments
shall be submitted to the department. The council of governments,
subregional entity, or the department, whichever allocated the county'
s share, shall make the transfer effective within 180 days after
receipt of the written request. If the council of governments
allocated the county's share, the transfer shall be based on the
methodology adopted pursuant to Section 65584.04 or 65584.08. If the
subregional entity allocated the subregion's share, the transfer
shall be based on the methodology adopted pursuant to Section
65584.03. If the department allocated the county's share, the
transfer shall be based on the considerations specified in Section
65584.06. The transfer shall neither reduce the total regional
housing needs nor change the regional housing needs allocated to
other cities by the council of governments, subregional entity, or
the department. A copy of the transfer finalized by the council of
governments or subregional entity shall be submitted to the
department. The council of governments, the subregional entity, or
the department, as appropriate, may extend the 90-day deadline if it
determines an extension is consistent with the objectives of this
article.
(d) (1) If an annexation of unincorporated land to a city occurs
after the council of governments, subregional entity, or the
department for areas with no council of governments, has made its
final allocation under Section 65584.03, 65584.04, 65584.06, or
65584.08, a portion of the county's allocation may be transferred to
the city. The city and county may reach a mutually acceptable
agreement for transfer of a portion of the county's allocation to the
city, which shall be accepted by the council of governments,
subregional entity, or the department, whichever allocated the county'
s share. If the affected parties cannot reach a mutually acceptable
agreement, then either party may submit a written request to the
council of governments, subregional entity, or to the department for
areas with no council of governments, to consider the facts, data,
and methodology presented by both parties and determine the number of
units, by income category, that should be transferred from the
county's allocation to the city.
(2) (A) Except as provided under subparagraph (B), within 90 days
after the date of annexation, either the transfer, by income
category, agreed upon by the city and county, or a written request
for a transfer, shall be submitted to the council of governments,
subregional entity, and to the department. A mutually acceptable
transfer agreement shall be effective immediately upon receipt by the
council of governments, the subregional entity, or the department.
The council of governments, subregional entity, or the department for
areas with no council of governments, shall make the transfer
effective within 180 days after receipt of the written request. If
the council of governments allocated the county's share, the transfer
shall be based on the methodology adopted pursuant to Section
65584.04 or 65584.08. If the subregional entity allocated the
subregion's share, the transfer shall be based on the methodology
adopted pursuant to Section 65584.03. If the department allocated the
county's share, the transfer shall be based on the considerations
specified in Section 65584.06. The transfer shall neither reduce the
total regional housing needs nor change the regional housing needs
allocated to other cities by the council of governments, subregional
entity, or the department for areas with no council of governments. A
copy of the transfer finalized by the council of governments or
subregional entity shall be submitted to the department. The council
of governments, the subregional entity, or the department, as
appropriate, may extend the 90-day deadline if it determines an
extension is consistent with the objectives of this article.
(B) If the annexed land is subject to a development agreement
authorized under subdivision (b) of Section 65865 that was entered
into by a city and a landowner prior to January 1, 2008, the revised
determination shall be based upon the number of units allowed by the
development agreement.
(3) A transfer shall not be made when the council of governments
or the department, as applicable, confirms that the annexed land was
fully incorporated into the methodology used to allocate the city's
share of the regional housing needs.