BILL NUMBER: AB 2348 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mullin
FEBRUARY 19, 2004
An act to amend Section 65584 of the Government Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2348, as introduced, Mullin. Housing.
Existing law prescribes procedures for determining a city or
county's share of the regional housing needs of persons at all income
levels.
This bill would allow a city, county, or city and county to reduce
its share of the regional housing needs by 15% for each income group
under prescribed conditions.
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 of the Government Code is amended to
read:
65584. (a) For purposes of subdivision (a) of Section 65583, the
share of a city or county of the regional housing needs includes that
share of the housing need of persons at all income levels within the
area significantly affected by a general plan of the city or county.
The distribution of regional housing needs shall, based upon
available data, take into consideration market demand for housing,
employment opportunities, the availability of suitable sites and
public facilities, commuting patterns, type and tenure of housing
need, the loss of units contained in assisted housing developments,
as defined in paragraph (8) of subdivision (a) of Section 65583, that
changed to non-low-income use through mortgage prepayment, subsidy
contract expirations, or termination of use restrictions, and the
housing needs of farmworkers. The distribution shall seek to reduce
the concentration of lower income households in cities or counties
that already have disproportionately high proportions of lower income
households. Based upon population projections produced by the
Department of Finance and regional population forecasts used in
preparing regional transportation plans, and in consultation with
each council of governments, the Department of Housing and Community
Development shall determine the regional share of the statewide
housing need at least two years prior to the second revision, and all
subsequent revisions as required pursuant to Section 65588. Based
upon data provided by the department relative to the statewide need
for housing, each council of governments shall determine the existing
and projected housing need for its region. Within 30 days following
notification of this determination, the department shall ensure that
this determination is consistent with the statewide housing need.
The department may revise the determination of the council of
governments if necessary to obtain this consistency. The appropriate
council of governments shall determine the share for each city or
county consistent with the criteria of this subdivision and with the
advice of the department subject to the procedure established
pursuant to subdivision (c) at least one year prior to the second
revision, and at five-year intervals following the second revision
pursuant to Section 65588. The council of governments shall submit
to the department information regarding the assumptions and
methodology to be used in allocating the regional housing need. As
part of the allocation of the regional housing need, the council of
governments, or the department pursuant to subdivision (b), shall
provide each city and county with data describing the assumptions and
methodology used in calculating its share of the regional housing
need. The department shall submit to each council of governments
information regarding the assumptions and methodology to be used in
allocating the regional share of the statewide housing need. As part
of its determination of the regional share of the statewide housing
need, the department shall provide each council of governments with
data describing the assumptions and methodology used in calculating
its share of the statewide housing need. The council of governments
shall provide each city and county with the department's information.
The council of governments shall provide a subregion with its share
of the regional housing need, and delegate responsibility for
providing allocations to cities and a county or counties in the
subregion to a subregional entity if this responsibility is requested
by a county and all cities in the county, a joint powers authority
established pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1, or the governing body of a subregional agency
established by the council of governments, in accordance with an
agreement entered into between the council of governments and the
subregional entity that sets forth the process, timing, and other
terms and conditions of that delegation of responsibility.
(b) For areas with no council of governments, the department shall
determine housing market areas and define the regional housing need
for cities and counties within these areas pursuant to the provisions
for the distribution of regional housing needs in subdivision (a).
If the department determines that a city or county possesses the
capability and resources and has agreed to accept the responsibility,
with respect to its jurisdiction, for the identification and
determination of housing market areas and regional housing needs, the
department shall delegate this responsibility to the cities and
counties within these areas.
(c) (1) Within 90 days following a determination of a council of
governments pursuant to subdivision (a), or the department's
determination pursuant to subdivision (b), a city or county may
propose to revise the determination of its share of the regional
housing need in accordance with the considerations set forth in
subdivision (a). The proposed revised share shall be based upon
available data and accepted planning methodology, and supported by
adequate documentation.
(2) Within 60 days after the time period for the revision by the
city or county, the council of governments or the department, as the
case may be, shall accept the proposed revision, modify its earlier
determination, or indicate, based upon available data and accepted
planning methodology, why the proposed revision is inconsistent with
the regional housing need.
(A) If the council of governments or the department, as the case
may be, does not accept the proposed revision, then the city or
county shall have the right to request a public hearing to review the
determination within 30 days.
(B) The city or county shall be notified within 30 days by
certified mail, return receipt requested, of at least one public
hearing regarding the determination.
(C) The date of the hearing shall be at least 30 days from the
date of the notification.
(D) Before making its final determination, the council of
governments or the department, as the case may be, shall consider
comments, recommendations, available data, accepted planning
methodology, and local geological and topographical restraints on the
production of housing.
(3) If the council of governments or the department accepts the
proposed revision or modifies its earlier determination, the city or
county shall use that share. If the council of governments or the
department grants a revised allocation pursuant to paragraph (1), the
council of governments or the department shall ensure that the
current total housing need is maintained. If the council of
governments or the department indicates that the proposed revision is
inconsistent with the regional housing need, the city or county
shall use the share that was originally determined by the council of
governments or the department.
(4) The determination of the council of governments or the
department, as the case may be, shall be subject to judicial review
pursuant to Section 1094.5 of the Code of Civil Procedure.
(5) The council of governments or the department shall reduce the
share of regional housing needs of a county if all of the following
conditions are met:
(A) One or more cities within the county agree to increase its
share or their shares in an amount that will make up for the
reduction.
(B) The transfer of shares shall only occur between a county and
cities within that county.
(C) 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.
(D) The council of governments or the department, whichever
assigned the county's share, shall have authority over the approval
of the proposed reduction, taking into consideration the criteria of
subdivision (a).
(6) A city, county, or city and county may reduce its share
of the regional housing needs by 15 percent for each income group if
all of the following conditions are met:
(A) It has met at least 30 percent of its housing needs.
(B) It has met 30 percent more of its housing needs than the
region as a whole.
(C) The department has determined that it was in substantial
compliance with the last revision of its housing element.
(7) The housing element shall contain an analysis of the
factors and circumstances, with all supporting data, justifying the
revision. All materials and data used to justify any revision shall
be made available upon request by any interested party within seven
days upon payment of reasonable costs of reproduction unless the
costs are waived due to economic hardship.
(d) (1) In the event an incorporation of a new city occurs after
the council of governments, or the department for areas with no
council of governments, has made its final allocation under this
section, the city and county may reach a mutually acceptable
agreement on a revised determination and report the revision to the
council of governments and the department, or to the department for
areas with no council of governments. If the affected parties cannot
reach a mutually acceptable agreement, then either party may request
the council of governments, or the department for areas with no
council of governments, to consider the facts, data, and methodology
presented by both parties and make the revised determination. The
revised determination shall be made within one year of the
incorporation of the new city based upon the methodology described in
subdivision (a) and shall reallocate a portion of the affected
county's share of regional housing needs to the new city. The
revised determination shall neither reduce the total regional housing
need nor change the previous allocation of the regional housing
needs assigned by the council of governments or the department, where
there is no council of governments, to other cities within the
affected county.
(2) Except as provided in paragraph (3), any ordinance, policy, or
standard of a city or county that directly limits, by number, the
building permits that may be issued for residential construction, or
limits for a set period of time the number of buildable lots that may
be developed for residential purposes, shall not be a justification
for a determination or a reduction in the share of a city or county
of the regional housing need.
(3) Paragraph (2) does not apply to any city or county that
imposes a moratorium on residential construction for a specified
period of time in order to preserve and protect the public health and
safety. If a moratorium is in effect, the city or county shall,
prior to a revision pursuant to subdivision (c), adopt findings that
specifically describe the threat to the public health and safety and
the reasons why construction of the number of units specified as its
share of the regional housing need would prevent the mitigation of
that threat.
(e) Any authority to review and revise the share of a city or
county of the regional housing need granted under this section shall
not constitute authority to revise, approve, or disapprove the manner
in which the share of the city or county of the regional housing
need is implemented through its housing program.
(f) A fee may be charged to interested parties for any additional
costs caused by the amendments made to subdivision (c) by Chapter
1684 of the Statutes of 1984 reducing from 45 to 7 days the time
within which materials and data shall be made available to interested
parties.
(g) Determinations made by the department, a council of
governments, or a city or county pursuant to this section are exempt
from the California Environmental Quality Act, Division 13
(commencing with Section 21000) of the Public Resources Code.