California Legislature—2015–16 Regular Session

Assembly Bill No. 1316

Introduced by Assembly Member Lopez

February 27, 2015

An act to amend Section 65585 of the Government Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 1316, as introduced, Lopez. Housing elements.

The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or county and of any land outside its boundaries that bears relation to its planning. That law also requires the general plan to contain specified mandatory elements, including a housing element for the preservation, improvement, and development of housing. Existing law prescribes requirements for the preparation of the housing element.

This bill would make nonsubstantive changes to the provisions regarding the preparation of the housing element.

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 65585 of the Government Code is
amended to read:

65585.  

(a) In the preparation of its housing element, each city
and county shall consider the guidelines adopted by the department
pursuant to Section 50459 of the Health and Safety Code. Those
guidelines shall be advisory to each city or county in the
preparation of its housing element.

(b) At least 90 days prior to adoption of its housing element, or
at least 60 days prior to the adoption of an amendment to this
element, the planning agency shall submit a draft element or draft
amendment to the department. The department shall review the
draft and report its written findings to the planning agency within
90 days of its receipt of the draft in the case of an adoption or
within 60 days of its receipt in the case of a draft amendment.

(c) In the preparation of its findings, the department may consult
with any public agency, group, or person. The department shall
receive and consider any written comments from any public
agency, group, or person regarding the draft or adopted element
or amendment under review.

(d) In its written findings, the department shall determine
whether the draft element or draft amendment substantially
complies with begin delete the requirements of end delete this article.

(e) Prior to the adoption of its draft element or draft amendment,
the legislative body shall consider the findings made by the
department. If the department’s findings are not available within
the time limits set by this section, the legislative body may act
without them.

(f) If the department finds that the draft element or draft
amendment does not substantially comply with begin delete the requirements
of end delete this article, the legislative body shall take one of the following
actions:

(1) Change the draft element or draft amendment to substantially
comply with the requirements of this article.

(2) Adopt the draft element or draft amendment without changes.
The legislative body shall include in its resolution of adoption
written findings which explain the reasons the legislative body
believes that the draft element or draft amendment substantially
complies with the requirements of this article despite the findings
of the department.

(g) Promptly following the adoption of its element or
amendment, the planning agency shall submit a copy to the
department.

(h) The department shall, within 90 days, review adopted
housing elements or amendments and report its findings to the
planning agency.