Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2685


Introduced by Assembly Member Lopez

February 19, 2016


An actbegin insert to amend Section 65585 of the Government Code,end insert relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2685, as amended, Lopez. Housingbegin delete standards.end deletebegin insert elements: adoption.end insert

begin insert

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, including a requirement that a planning agency submit a draft of the element or draft amendment to the element to the Department of Housing and Community Development prior to the adoption of the element or amendment to the element.

end insert
begin insert

This bill would require the planning agency to make the draft element available to the public at least 30 days prior to the submission to the department. The bill would also require the planning agency to circulate public comments prior to the adoption of the housing element. By increasing the duties of local officials, this bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

The State Housing Law prescribes requirements for buildings used for human habitation.

end delete
begin delete

This bill would state the intent of the Legislature to enact legislation relating to the regulation of buildings used for human habitation.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 65585 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

65585.  

(a) In the preparation of its housing element, each city
4and county shall consider the guidelines adopted by the department
5pursuant to Section 50459 of the Health and Safety Code. Those
6guidelines shall be advisory to each city or county in the
7preparation of its housing element.

8(b) begin insert(1)end insertbegin insertend insert At least 90 days prior to adoption of its housing element,
9or at least 60 days prior to the adoption of an amendment to this
10element, the planning agency shall submit a draft element or draft
11amendment to the department.begin delete Theend delete

begin insert

12(2) At least 30 days prior to the submission of the draft element
13to the department, the planning agency shall make the draft element
14available to the public. The planning agency shall circulate public
15comments received to the legislative body before it adopts the
16housing element.

end insert

17begin insert(end insertbegin insert3)end insertbegin insertend insertbegin insertTheend insert department shall review the draft and report its written
18findings to the planning agency within 90 days of its receipt of the
19draft in the case of an adoption or within 60 days of its receipt in
20the case of a draft amendment.

21(c) In the preparation of its findings, the department may consult
22with any public agency, group, or person. The department shall
23receive and consider any written comments from any public
24agency, group, or person regarding the draft or adopted element
25or amendment under review.

P3    1(d) In its written findings, the department shall determine
2whether the draft element or draft amendment substantially
3complies withbegin delete the requirements ofend delete this article.

4(e) Prior to the adoption of its draft element or draft amendment,
5the legislative body shall consider the findings made by the
6department. If the department’s findings are not available within
7the time limits set by this section, the legislative body may act
8without them.

9(f) If the department finds that the draft element or draft
10amendment does not substantially comply withbegin delete the requirements
11ofend delete
this article, the legislative body shall take one of the following
12actions:

13(1) Change the draft element or draft amendment to substantially
14comply withbegin delete the requirements ofend delete this article.

15(2) Adopt the draft element or draft amendment without changes.
16The legislative body shall include in its resolution of adoption
17written findings which explain the reasons the legislative body
18believes that the draft element or draft amendment substantially
19complies withbegin delete the requirements ofend delete this article despite the findings
20of the department.

21(g) Promptly following the adoption of its element or
22amendment, the planning agency shall submit a copy to the
23department.

24(h) The department shall, within 90 days, review adopted
25housing elements or amendments and report its findings to the
26planning agency.

27begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29a local agency or school district has the authority to levy service
30charges, fees, or assessments sufficient to pay for the program or
31level of service mandated by this act, within the meaning of Section
3217556 of the Government Code.

end insert
begin delete
33

SECTION 1.  

It is the intent of the Legislature to enact
34legislation relating to the regulation of buildings used for human
35habitation.

end delete


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