HomeMy WebLinkAboutCity Council Position on Legislation pending before the Stat (12) hvno AIS A + P-,.
City of Huntington Beach &-®-/
bs�
� -Y-err)
File #: 18-267 MEETING DATE: 8/20/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
Subject:
City Council Position on Legislation pending before the State Legislature and Congress as
recommended by the City Council Intergovernmental Relations Committee (IRC)
Statement of Issue:
On July 25, 2018, the Intergovernmental Relations Committee met and members recommended
positions on pending State and Federal legislation. This action requests City Council authorization
for the Mayor to sign official City position letters.
Financial Impact:
There is no fiscal impact.
Recommended Action:
A) Approve a City position of Oppose on S. 3157 - Streamlining the Rapid Evolution and
Modernization of Leading-edge Infrastructure Necessary to Enhance (STREAMLINE) Small Cell
Deployment Act; and,
B) Approve a City position of Oppose on Senate Bill 828 (Weiner) - Land Use Housing Element.
Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly.
Analysis:
The Intergovernmental Relations Committee (IRC) met to discuss pending legislation and regional
issues. The Committee reviewed the 2018 State Legislative Matrix provided by the City's State and
Federal advocate, Townsend Public Affairs. The following is an analysis of the bills/propositions that
the I RC voted to take a position on.
OPPOSE - S. 3157 - Streamlining the Rapid Evolution and Modernization of Leading-
edge Infrastructure Necessary to Enhance (STREAMLINE) Small Cell Deployment Act
This bill represents a direct affront to traditionally held local authority and will complicate,
City of Huntington Beach Page 1 of 2 Printed on 8/15/2018
295
powered by Legistar""
File #: 18-267 MEETING DATE: 8/20/2018
rather than simplify national efforts to expedite infrastructure deployment by prolonging state
and local processes. The bill imposes unfair and inappropriate timelines on local governments.
The shot clocks proposed by S. 3157 are considerably shorter than those the federal
government applied to itself in the MOBILE NOW Act. The reduced size per installation of
small cell infrastructure does not directly translate to an accordingly reduced procedural
burden on local governments.
The City's recently acquired vertical assets provide opportunities for the implementation and
installation of smart city initiatives and the collaboration between the City and the
telecommunications industry as they seek to deploy small cell technology. The City has
agreements with Philips/American Tower, Mobilitie, and AT&T due to the fact that we
streamlined our siting process and created design standards. These processes and standards
would be rendered invalid and the City would be forced to utilize the standards and timing set
forth in S. 3157.
OPPOSE - Senate Bill 828 (Weiner) - Land Use Housing Element
This bill would make numerous changes to the Regional Housing Need Allocation (RHNA)
process. Current law requires that cities undertake all necessary actions to encourage,
promote, and facilitate the development of housing to accommodate the entire regional
housing need. However, current law also acknowledges that future housing production may
not equal the housing need established for the planning process. SB 828 removes this critical
language and replaces it with a requirement that cities take actions to ensure that future
housing production meet, at a minimum, the regional housing need established for planning
purposes. This change incorrectly implies that RHNA is a production mandate.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. S. 3157 - Streamlining the Rapid Evolution and Modernization of Leading-edge Infrastructure
Necessary to Enhance (STREAMLINE) Small Cell Deployment Act
2. Senate Bill 828 (Weiner) - Land Use Housing Element
City of Huntington Beach Page 2 of 2 Printed on 8/15/2018
296
powered by Lagistar"
AVTN ENTICAT 11 J
ItJ1OR�1
V.S. oR1,NI.t[f'T
Al'10.
II
115TH CONGRESS
21) SESSION Sa3157
To streamline siting;processes for small cell deplo}anent.
IN THE SENATE OF THE UNITED STATES
JUM,, 28, 2018
Mr. Tir[l�TE (for himself and Mr. SCHATZ) introduced the following bill; which
was read t«lee and referred to the Committee on Coinineree, Seienee, and
Transportation
A BILL
To streandiile siting processes for srtiall cell deployment.
1 Be ilt enacted by the Serrate an,d Haase Qf Represen ta-
2 tines of the [Inited States of'Ain erica iv, Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Streanilining The
5 Rapid Evolution Alid Moderniz�.i.tion of Leading-edge I1-1-
6 frastructure Necessary to EuAianee Small Cell Deployment
7 Act" or the "STREAIVILINE Sniall Cell Deployment
8 Act".
297
2
1 SEC. 2. PRESERVATION OF LOCAL ZONING AUTHORITY.
2 Section 332(c) of the Communications Act of 1934
3 (47 U.S.C. 332(c)) is amended by striping paragraph (7)
4 and inserting the follmi ing;
5 "(7) PRESEMTiMON OF LOC7AL ZOT\TING ALT-
6 THORITY.-
7 "(A) GENES AL AUTHORITY.—Except as
8 prov-ided in this parapuph, nothing in this .Act
9 shall limit or affect the authorit)T of a State or
10 local government or ill strrnnentali-[�T thereof over
11 decisions regardilig the placement, consti-liction,
1.2 and lnodifieation of personal ivireless ser-vice fa,
13 cilitles.
14 "(h) ICI AITATIONS.-
15 "(i) IN (JENEPAL. Except as pro-
16 �6ded in subparagraph (C), the regulation
17 of the placement, eonstructiorl, or 111001-
18 fication of a personal Wireless service faeil-
19 it), b)= an), State or local goveri -nent or 11-1-
zn
20 st1TLn3jentalit�T thereof-
21 "(1) shall not unreasonably dis-
22 criminate among providers of fulc-
23 tionally equivalent sen ieos; and
24 "(II) shall not prohibit or ]lave
25 the effect of prohibiting the pro-6sion
26 of personal NA ireless service.
aS 3157 IS
298
3
1 "(ii) TuMEFEWAIE. A State or local
2 government or instmmentalitjy thereof
3 shall act on an), request for authorization
4 to place, construct, or modify a personal
5 Ni- fireless ser-\Tice facilitywithin a reasonable
6 period of time after the request is di-dy
7 filed w.th the government or instrtiuiren-
8 talityl taking into account the nature and.
9 scope of the request.
10 "(1ii) AAITR.ITTEN nrctszoNT AND
11 RECORD.Ai1y decision by a. State or local
12 government or insti-imenta.lity thereof to
1.3 deny a request to place, constr-Lret, or mod-
14 ify a personal i-Vireless service fa.cilit)T shall
15 be-
16 "(I) in writing; and
17 "(II) supported b,)r substantial
18 evidence contained in a. written
19 record.
20 "(rv) RAT rTIROINTAHENTAL EF ECTS OF
21 Pav-DIO FREQUENCY EA SSIONS.—No State
22 or local goverjunent or instrumentality
23 thereof may regulate the placement, con-
24 struction, or modification of persotra.l ivire-
25 less semi ice facilities on the basis of the en-
oS 3157 IS
299
4
1 idronmental effects of radio fregueney
2 emissions to the extent that the facilities
3 comply Avith the Commission's regulations
4 concerning such emissions.
5 "(v) JI7I7TCIAL �uvn ADMINISTRATIATE
6 REN-MW.-
7 "(I) JUDICIAL REVTMV.—Any
8 person adversely affected by any final
9 actioi-i or failure to act by a. State or
10 local govel'nffient or a,11.r InStruineii-
11 tality thereof that is inconsistent «pith
12 this subparagzraph may, Nvithin 30
13 days after the action or failure to act,
14 commence an action in anAT court of
15 competent jurisdictioli, which shall
16 hear and decide the action oil an ez-
17 pedited basis.
18 "(11) wnNISTiL1TTGE RE-
19 vmw.—A-n r person adversely affected
20 by an act or failure to act by a. State
21 or local overimient or ariy instrunien-
22 tality thereof that is inconsistent with
23 clause (iv) may petition the Gomin'
24 sion for relief.
•S 3157 IS
300
r
1 "(C) PLACEMENT, CONSTRUCTION, AND
2 IMODIFICATION OF SILLLL PERSONAL A IRELESS
3 SERVICE F ACILPhZES.-
4 "(1) IN GENERAL.-I11 addition to,
5 and not in derogation of any of, the limita.-
6 tions under subpaxa.graph (B), the regula-
7 Lion of the placement, eonstimetion, or
8 modification of small personal Avireless
9 sen ice facilities by a.ny State or local govT-
10 ernment or instrumentality thereof-
11 "(I) shall not unreasonably dis-
12 criminate among pro riders of the
13 same service using comparable ecluip-
14 merit, including by providing excluslVe
15 or preferential use of facilities to a.
16 particular pro-Vider or class of pro-
17 viders of personal ivireless service; and
18 "(II) shall only permit a. State or
19 local goveriunent to approzre or deny a.
20 permit or other permission to deploy a.
21 small personal ii ireless service facility,
22 including access to a right-of-Ava.y or a.
23 facility in a right-of-way mviied or
24 mamaged b), the State or local go-vern-
•S 3157 IS
301
6
1 merit, based on publicly a_\Ta.il.a.ble cri-
2 teria. that are-
3 "(aa) reasonable;
4 "(bb) *eetive; and
5 "(CC) n011-dUScrifiliilatorN7.
6 "(ii) ENGINEERING STANDARDS; AES-
7 THETIC REQUIREBITENTS.A State or local
8 goveriuuent or instruinenta.lity thereof ivay
9 regulate the placement, construction, a.nd
10 modification of small personal -xireless
11 ser«ce facilities for reasons of ol.jeetive
12 and reasonable-
1.3 "(I) structural engineering stand-
14 ands based on generall.)r applicable
15 codes;
16 "(II) safety requirements; or
17 "(III) aesthetic or concealment
18 requirements.
19 "(Ili) TI�IIEFILIDIES.-
20 "(I) IN GENEM L.—A State or
21 local goverluaent or instrumentality
22 thereof shall act on a. complete re-
23 quest for authorization to place, con-
24 stltilct, or moclif�T a small personal
-S 3157 IS
302
7
1 «6reless sen ce facility not later
2 than-
3 "(aa.)(AE1.) for collocation of
4 a small personal wireless service
5 facility, 60 days after the date on
6 which the complete request is
7 filed, except is provided in item
8 (bb); or
9 "(BB) for any other action
10 relating to a small personal ii ire-
11 less ser«ee facility, 90 clays after
12 the date on ivhieli the complete
13 request is filed, e-xcept as pro-
14 «ded in item (cc);
15 "(bb) for collocation of a
16 small personal wireless sen ce fa-
17 cility, if the State or the area.
18 under the jurisdiction of the local
19 government has a population of
20 fewer than 50,000 people-
21 "(AA) 90 days after the
22 (late on which the complete
23 request is filed, if during the
24 30-day period ending on
25 that date of filing, the appli-
•S 3157 IS
303
8
I cable «Tireless sendee pro-
2 eider filed feAlTer than 50 re-
3 guests for collocation of a.
4 small personal «Tireless sel-NT-
5 ice fa.eilit,)T Al ith the State or
6 local government or insty-u-
7 mentalit.)T thereof; or
8 "(B) 120 days after
9 the date on which the coni-
10 plete regnest is filed, if dur-
11 ing the 30-day period ending
1.2 on that, date of filing, the
13 applicable «Tireless 'service
14 provider filed not fewer than
15 50 requests for collocation of
16 a small personal Avireless
17 sen ice facility AITith the
18 State 01' local goATernnnent or
19 instrumentality thereof; or
20 "(cc) for a.n)T other action
21 relating to a. small personal «Tire-
22 less senTiee fa.cilit�y, if the State
23 or the area wider the jurisdictioll
24 of the local government has a
-S 3157 IS
304
0
1 population of fewer than 50,000
2 people-
3 "(AA) 120 days after
4 the (late on AvIdeh the coin-
5 plete request is filed, if dur-
6 ing the 30-day period ending
7 on that date of filing, the
8 applicable wireless service
9 provider filed fewer than 50
10 requests for aT)y other action
11 relatilg to a small personal
12 AvIreless semTlce facility A�vith
13 tl�ie State or local govern-
14 Inent or instluunentality
15 ttiereof; or
16 "(BB) 150 days after
17 the date oti AvIiieh the com-
18 plete request is filed, if dur-
19 Mg the 30-day period ending
20 on that date of filing, the
21 applicable i-irit-eless seiviee
22 pro-Vider filed not feAver than
23 50 requests for anY other
24 action relating to a. small
25 personal i. reless service fa.-
eS 3157 IS
305
10
1 cility with the State or local
2 gm7ernment or instrumen-
3 tality thereof.
4 "(II) APPLlc-iulILITY.—The ap-
5 plicable timefra.me under subelause (I)
6 shall apply collectivety to all pro-
7 ceedings required by a State or local
8 g wrmmnt or instnm-ientalit�y thereof
9 for the approval of the request.
10 "(III) NO TOLLINTG.—A Wile-
11 frame under subelause (1) may not be
12 tolled b,)T a Y moratorium, w4iether ex-
1.3 press or de facto, imposed by a. State
14 or local government on the consider-
15 ation of any request for authorization
16 to place, construct, or moclif�T a small
17 personal ivireless service facility.
18 "(IV) TEITMORARY ANTAIATR.
19 The (-',oiiuiiissioii may teuiporaril�T
20 -\.jTaive the applicability of subelailse (I)
21 for not lodger than a single 30-dav
22 period for any complete request upon
23 a demonstration by a State or local
24 governmelit that the Nvaiver would be
aS 3157 IS
306
11
I eonsistent virith the public interest,
2 convenience, and necessit�y.
3 "(iv) DEEMED URf1NTED.—If a. State
4 or local government or instriunentality
5 thereof has neither granted nor denied a
6 request within the applicable timefranue
7 uncler subela.use (I) of clause (iii), ine4ud-
8 ing aaiT tempora.I�T waiver granted -under
9 subclause (I\f) of that clause, the request
10 shall be deemed granted on the date that
11 is 31 days after the date on which the go\T-
12 ernment instrumentality receives a written
13 notice of the failure from the applicant.
14 "(v) F1�,,ii,,s.—Notivitlistancling an)T
15 other provision of lmv, a State or local gov-
16 ernment maAT charge a fee to consider an
17 application for the placeulent, eonstrtuction,
18 or modification of a small personal wireless
19 facility, or to use a right-of-iva,T or a f icil-
20 It�T in a right-of-«va,�T oivnecl or managed by
21 the State or local government for the
22 plaeelmnt, construction, or modification of
23 a small personal wireless facilittiT, if the fee
24
-S 3157 IS
307
12
1. "(I) competitively neutral, tech-
2 nology neutral, and nondiscrim-
3 inator y;
4 "(II) publicly disclosed; and
5 "(III)(aa) eLcept as provided in
6 item (bb), based on actual and direct
7 costs, such as costs for-
8 "(AA) review and processing
9 of applications;
10 "(1113) maintenance;
11 "(CC) einertiency responses;
12 "(DD) repairs and replaee-
13 nient of components and mate-
14 rials resulting from and affected.
15 by the installation of small per-
16 soilal 1�gireless facilities, improve-
17 meats, and equipment that faeili-
18 tates the deplo.jinent and instal-
19 lotion of such facilities; or
20 "(EE) inspections; or
21 "(bb) calculated in accordance
22 with section 224, in the case of a. fee
23 charged for the pla.ceinent, constr ue-
24 tion, or modification of a small per-
25 sonal i6reless facility on a pole, in a.
-S 3157 IS
308
1.3
1 right-of-ivay, or on any other faeilit�y
2 that may be established under that
3 section.
4 "(-\ri) RULE OF CONSTRUCTION.-
5 Nothing in this subparagraph shall be con-
6 stnied. to prevent an�T State or local gov-
7 ernment from Imposing an), a.dditi.onal lim-
b ita.tion or requirement relating to consider-
9 ation by the State or local govermnent of
10 an application for the placement, constime-
11 Pion, or modification of a sma11 personal
12 wireless selwi ce facility.
13 "(D) DEFINITIONS.—For purposes of this
14 paragra.ph
15 "(1) the terns `antenna' means an ap-
16 paratus designed for the purpose of emit-
17 ting ra.diofrequenc,)r radiation, to be oper-
18 ated or operating from a. fixed location for
19 the transmission of -writing, signs, signals,
20 data, images, pictures, and sounds of all
21 binds;
22 "(ii) the tern? 'communications net-
23 work' ineaus a, network used to pro-Vide a.
24 communications sem ice;
-S 3157 IS
309
14
1 "(1ii) the term `conunumica.tions serIT-
2 ice' rilearns-
3 "(I) cable service, as defille4 in
4 section 602;
5 "(II) information serNTice;
6 "(III) telecommunications ser v-
7 ice; or
8 "(INT) personal iiireless service;
9 "(Iv) the terns `complete request'
10 means a, request for which the applicant
11 has not received written notice from the
12 State or local governi-nent «Tithin 10 buusi-
13 cress da3ys of subiiuission-
14 "(I) stating ill «Triting that the
15 request is incomplete; and
16 "(II) ldentlf Brig the information
17 causing the request to be incomplete,
18 "(v) the term `generally applicable
19 code' includes a uniform building, fire,
20 electrical, phimbing, or mechanical code
21 adopted by a national code organization, or
22 a local ameiuhnent to such a. code, to the
23 extent riot inconsistent «Tith this Act;
•S 3157 IS
310
15
1 "(ill) the term `netAvork interface de-
2 Alice' means a, telecomnuiriica.tions demarca-
3 tion device and cross-connect point that-
4 "(1) is adja.ceut or proximate
5 to-
6 "(aa.) a. sn-a.11 personal AN ire-
7 less service fa.cilit�)-; or
8 "(bb) a structure supporting
9 a small personal tOreless service
10 facility; and
11 "(II) deniarea.tes the boundal'Sr
12 1«tl- ar-.T ivireline backhaul facility;
13 "(i ii) the term `personal wireless ser -
14 ice' means-
15 "(I) eoirmiercial mobile service,,
16 "(II) co-rm-ercial mobile data
17 seniee (as that tern- is defined in sec-
18 Lion 6001 of the tlliddle Class Tax Re-
19 lief and Job Creation Act of 2012 (47
20 U.S.C. 1401));
21 "(III) unlicensed AATireless seniee;
22 and
23 "JV) conunon carrier ivireless
24 excha.nge access ser«ce;
eS 3157 IS
311
16
1 "(viii) the term `personal ii'irelems
2 serNice facility' means a facility for the
3 provision of personal ivireless seiiwe;
4 "(ice) the term `small personal ivireless
service fae14y—
6 "(I) means a personal \Arireless
7 senice facility in 1.1r1uc11 each antenna.
8 is not more than 3 cubic feet in vol-
9 u nie,; and
10 "(II) sloes not include a. wireline
11 hackha.ul facility;
12 "(z) the term `Li icensed «lreless
13 seiwlee'-
14 "(I) means the offering of tele-
15 comm-Luncations seii ice using a duly
16 authorized device that does not re-
17 quire an inch6dual license; and
18 "(II) does not include the provi-
19 lion of direct-to-home satellite ser-Nice,
20 as defined in section 303(v); and
21 "(--xi) the term `wireline hackhaul fa.cil-
22 ity' means an above-ground or under-
23 gToluzd ii ireline facility used to transport
24 communications sen ice or other electronic
25 communications from a small personal
•S 3157 IS
312
17
1 «0reless service facility or its adjacent net-
2 work interface deAce to a. coinmun.1ca.tioils
3 network.".
4 SEC. 3. GAO STUDY OF BROADBAND DEPLOYMENT ON
5 TRIBAL LAND AND ON OR NEAR TRUST LAND.
6 Not later than I year after the date of enactment
7 of this Act, the Comptroller General of the United States
8 sliall-
9 (1) in consultation i6th the Secretal-Y of AgTi-
10 culture, the Director of the Bureau of Indian Af-
11 fairs, and the Federal Communications Commission,
12 study the process for obtaining a grant of a right-
13 of-iea.y to deploy broadband infrastructure on tribal
14 land or on or near trust land, as defined in section
15 3765 of title 38, United States Code;
16 (2) in conducting the study under paragyaph
17 (1), consider the unique challenges involved in
18 broadband deployment on tribal land and on or clear
19 trust land; and
20 (3) submit to Congress a report on the stud),
21 conducted under paragl-aph (1).
O
•S 3157 IS
313
AMENDED IN ASSEMBLY DULY 2, 2018
AMENDED IN ASSEMBLY JUKE 21, 2018
AMENDED IN SENATE MAY 25, 2018
AMENDED IN SENATE APRIL 26, 2018
AMENDED IN SENATE APRIL 16, 2018
AMENDED IN SENATE MARCH 14, 2018
SENATE BILL No. 828
Introduced by Senator Wiener
January 3, 2018
An act to amend Sections "`°� "` ' 65584, 65584.01, and
65584.04 of the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 828, as amended, Wiener. Land use: housing element.
(1) The Planning and Zoning Law requires a city or county to adopt
a general plan for its jurisdiction that contains certain mandatory
elements, including a housing element.Existing law requires a planning
agency to submit a draft of the housing element to the Department of
Housing and Community Development for review, as specified.
Existing law requires the hottsing element to eoritain an inventory OF
land sttitable and available for residential development, and to be ttsed
to identify sites that eart be developed for hottsin within the planning
period and tiflat are suffietent to provide for the jurisdietion's share olf
the regional hottsing need for all ineotne levels.
4:1iis 'oil! would, instead, reqttife the inventory of!and suitable an
available for residential development to identify sites that ean be
314
2
developed for hottsing within the p! that afe sttffieient to
pfovide for 125% of the jurisdietion's share of the regional housing
need ffz)f all iteoffle levels-.
(2) Existing law reqtires the hottsing element to
goals ftnd objeetives of the liottsing element. Existing law requires the
ptogtutn io identify aetions that will be taken dtffing the period in orde
regional hottsing need for eaeh ineome level that eould not be
aeeommodated on sites identified in the im,entory of land, deseribed
This bill wottld feqttife those aetions identified in the progfam be
existing ttfban sefviee boundary.
(3) Eftisting
Existing law requires the department,in consultation with each council
of governments,to detennine the existing and projected need for housing
for each region in accordance with specified requirements. Existing law
requires the appropriate council of governments, or the department for
a city and county that does not have a council of governments,to adopt
a final regional housing need plan that allocates a share of the regional
housing need to each city, county, or city and county in accordance
with certain requirements and procedures, including that a specified
type of ordinance or policy that limits the number of residential building
permits issued by a city or county may not be used as a justification for
a determination or reduction in a jurisdiction's share of the regional
housing need.
This bill would prohibit the prior underproduction of housing in a
city or county from the previous cycle and stable population numbers
in a city or county from the previous cycle from being used as a
justification for a determination or a reduction in the jurisdiction's share
of the regional housing need. The bill would also require the final
regional housing need plan to demonstrate government efforts to reverse
racial and wealth disparities throughout aregion by assigning additional
weight to local governments that meet specified criteria in the
distribution of the regional housing needs allocation for all income
categories.
315
3
(2) Existing law requires, at least 26 months prior to the scheduled
revision of the housing element and developing the existing and
projected housing need for a region,the department to meet and consult
with the council of governments regarding the assumptions and
methodology to be used by the department to determine the region's
housing needs. Existing law requires the council of governments to
provide data assumptions from the council's projections, including, if
available, specified data factors for the region, including, data relating
to the percentage of renter's households that are overcrowded and
vacancy rates for healthy housing market functioning and regional
mobility. Existing law requires the department, after consulting with
the council of governments, to determine, in writing, the data
assumptions for each of the data factors provided, as well as the
methodology the department will use.
This bill would additionally require the council of governments to
provide data on the overcrowding rate for a comparable housing market,
and would define the vacancy rate for a healthy housing market for
those purposes to be considered between 5% and 8% of both rental and
ownership housing. The bill would also require the council of
governments to include data on the percentage of households that are
cost burdened, the rate of housing cost for a healthy housing market,
and data on the projected household income growth.
This bill would require the methodology approved by the department
to grant allowances to adjust for data factors relating to overcrowding,
vacancy rates, and households that are cost burdened, as described
above,based on the region's total projected households,which includes
existing households as well as future projected households.
(3) By expanding the duties of local governments relating to the
housing element program and the final regional housing need plan,this
bill would impose a state-mandated local program.
(4) 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.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
316
4
The people of the State of California do enact as follows:
1 SECTION
i. reetion 65583 of the Government Code is
2 attettded to read:and analysis of existing and pfejeeted housing needs and tt
5 stateFnent of goals, polieies, quantified objeetives, fina
6
7 imptovemient, and development efhottsing. The hottsing element
8 shall identify adeqttate sites fof housing, ineittding rental
9 ,
10 shall make adeqttate pfovision for the existing and projeeted needs
11
12
13 (a) An assessment of hotising needs and tat ttivefltofy of.
14 fesottfees and eonstraints relevant to the meeting of these Heeds.
15 The assessment and inventory shall itteittde all ofthe fiollowiitr.
16 (1) An analysis of poptflation tfends and
17 '
18
19
20
21 and Safety Code. These existing and projeeted needs shall inelude
22 the loeality's
23
24
25
26 may either use available eensus data to ealettlafe the pereentage
27 of -very lolvV itteoffle households that qualify as extfemely4ow
28
29 ineome households qttalify as extremely low ineome households.
30 The ntimber of extfemely low ineoffle households and very low
31 itteome households shall equal the jttfisdietiott's
32
33 ,
34 ,
35 eharaeteristies, ifteltding ovefefowditig, and housing stoek
36
37
38 development, '
317
5
1 demonstrated potential for redevelepment during the plan...*..�;
2 period to meet the loeality's
3 level, and an analysis of the relationship 4 totting and p
4 f-aeilities and serviees to these sites.(4) (A) The identifieation of a tone of zones where emefgeney
6 shelters are allowed as a permitted use withottt a eonditional
7 of other disefetionafy perimit. The iclentified zone of tones
8
9 ,
10 government shall identify a zone of tones that ean aeeommodate
11 at least one year fottncl emefgeney shelter. ifthe loeal government
12 ,
13 goverttment shall ineittde a program to amend its zoning ofclinanc,
14 to meet th� Ofthis Paragraph Within one year of the
15
16 iclentif� additional zones where emefgertey shelter s are permitted
17 with a eonclitional ttse permit. The loeal government shall also
18 demonstrate that existing Of proposed pefmtt pfoeessnig,
19 development, and management
20 ,
21 efflefgeney shelters. Emergeney shelters may only be sttbjeet to
22 those development and managefflent
25 residential 01 development within the same zone exeept
24 that a loeal government may apply written, objeetive standards
25 that inelude all ofthe following:
26
27 served nightly by the f�eility.
28 ,
provided-
29 that the standafds do not t:eqtttfe more parking for emefgeney
30 shelters than R)f other residential a within
31 same zonle--.
32
33 and elient intake areas.
34 .
35 , provided that
36 .
37 (vi) The length of stay.
38 b.
39
40 eeaierr.
318
6
1 , and martagemen
2 standards applied under this paragraph shall not be deemed to be
3 disefetionary aets within the meaning of the California
4 Environmental Quality Aet(Division 13 (eommeneing with Seetion
5
6
7 of the department the existenee ofone or more emergeney sh
8
9 agreement that ean aeeommoclate that jurisdietion's
10 emergeney shelter identified in paragraph (7) may eomply with
11
12 or zones where new emefgeney shelters are allowed wi
13 eonditional ttse pet=mit-.
14
15 that eomply with this paragraph shall not be required to
16 additional aetion to identify zones for emergeney shelters. The
17 hottsing element must only deseribe how existing ordinanees,
18 polieies,
19 paragraph:
20
21 ttpon the improvement, of development of hol—ismg
22 for all ineome levels, ineittding the types of housing identified in
23 , and far per sons with disabilities
24 , '
25
26 , ,
27 loeal preeessing and permit proeedures, and any loeally adopted
28
29
30 remove governmental eonstfaints that hinder the loeality Ifflom
31 titeeting iis share of the regional
32 Seetion 65584 and front rneeting the need for housing for persons
33 , and
34 emefgeney shelters identified pursuant to paragraph (7).
35 Transitional housing and sttppoftive housing shall be eonsidered
36 a residential ttse of property, and shall be subjeet only to th
37 restfiettens that apply to other residential dwellings of the sai
38 type in the same zone.
39 (6) An analysis of potential and aetual nongovernmenta4
40 , or development
319
7
1 of housing f6f all ineome levels, ineittding the a-vailability of
2 finaneing, the priee of land,
3 to develop hottsing at densities below those anfieipatect in the
4 , and the
5
6 development and s4mittal 4 an applieation for building
7
8loeality's share of the fegional housing need in aeeofda-nee
9
10
I the loeality's
12
13 , stteh as those o
14 ,
15 disability, as defined in Seetion 4512 of the Wtlf�re and
16 ;families with fefflale
17 heads of hotseholds; and families and pefsotts in needd Off
18
19 assessed based on annual and seasonal need. The tteed f-6
20
21
22 ekronie homelessness and t afe either vaeant of fof Mle1l
23 fidnding has been identified to allow eonsttttetioti dttfing
24
25 eottnty may ineittde an analysis of the need for f�eqttent ttsef.
26
27
28
29
30
31
32 eneompass the building envelope,its heating and eooling systems,
33 and its eleetfieal system-.
34 (9) An analysis of existing assisted liottsing developments that
35
36 next 10 yeafs due to tennination of subsidy eontraets, mortgage
37 'Assisted housing
38 "
39
40
320
8
1 ,
2 loeal redevelopment pfogfams,
3 Development Bloek Gfant Pfogram,or loeal in liett fees. "
4 hottsing developments" shall also ineittde Multifamily fental units
5
6
7 65916.
8 (A) The analysis shall ineittde a listing ofeaeh development-by
9 , the type of governmental assistaflee
10
11
12 '
13
14 funded projeets, the analysis feqttired by this s4pafagaph need
15 .
16 (B) The analysis shall estimate the total eost ofpfodtteing nev.,
17 rental hottsing that is eomparable in size and fent levels,to fep4te-e
18 the ttnits that eettlel ehange ffom low tineome ttse,and an estimated
19 . This eost
20
21
22 pfojeet by pfojeet eost estimate.
23
24 ns known to the loeal govemtflent whieh have legal and
25 managerial eapaeity to aeqtttt:e and manage these holusting,
26 developments.
27 ,
28 state,and loeal finaneing
29 to pfesefve, f6r lower ineome households,
30 developments, identified in this pafagfaph, ineluding, bttt not
31 limited to, Federal Comnitmity Development Bloek Grant Progfam
32 ,
33 ,
34
35
36
37 not been legally obligated
38 .
32i
9
1 '
2 objeetives, and polieies relative to the maintenanee, preser ,
3 iniviuvenient, and development ofhottsing.
4 (2) it is feeognizedd that the total housing needs identified
5
6 the eormmmity's
7
8 , the qttantified
9
10
11 hottsing tmits by ineome eategory-, ' ,
12 that eai be e8i5r rueta, rehabilitated, a Eoi3CT"vear av%-T -
13 five year time period.
14
15 platming period, eaeh with a timeline for implementation, whieli
16 may feeognize that eeftam pf ogf ams are ongomg, sueli that
17
18 period,
19 undertake to implement the polieies and aehieve the goals and
20 objeetives of the housing element throttgh the administration o
21 land ttse and development eomfo6,
22 , the utilitation of appropriate Fe
2J and state finaneing and subsidy programs when available, an
24
25
26
27 24 (eemmeneing with Seetion 33000) of the Health and Safety
28 b needs
29 of all eeonotnie segittents of the eommtmity, the program shall do
30
31 (1) identify aetions that will be takert to make sites avai
32 dttring the planning period with appropriate tomng --ft�
33 development standards and with sefviees and faeilities to
34eottnty's share of
35 regional
36 aeeommodated on sites identified in the inventory eompleted
37 pttfstiant to paragraph , to
38 eomply with the requirements of Seetion 65 5 94.09, and to rn
39eounty's share identified ab
40 available for mttitifarnily hottsing loeated within thejttrisdietion's
322
10
1 existing ttfban serviee bottndarr, as defined in Seetion 56080. Sites
2 shall be iddentified as needed to fiteilitate and etteettfage the
3 development of a vaf iety 4 types 4hottsing fof all ineoffle levtls-,
4 ,
5 mobilehomes, housing f6r agrieultural employees,
6 housing, single foom oeettpaney untits, emefgeney shelters, and
7 transitional hottsing.
8 (A) Where the inventory of sites, pttrsttant to paragraph (3��
9 , does not identif� adeqttate sites to aeeommodate
10
11 Seetion 65584, fezoning of those sites,
12 ininitnuti, density and development standafds,
13 with an eight year bottsing element planning pefiod ptirstant to
14 Seetion 65588, shall be eompleted no latef than three years afte
15 eithef t�e clate the housing element is adopted pursttant to
16 subdivision (f) of Seetion 65585 or the date that is 90 days after.
17
18 ,
19 extended pursuant to stbdivision (q. Notwithstanding the
20 f6regoing,
21
22 ,
23 itieluding adoption of minimum density and deve4opment standafds,
24 shall be eompleted no later than three years and 120 days ftom the
25 statutofy deadline in Seetion 65588 for adoption of the
26 element.
27 , pursuant to paragraph (3)-4
28 , does not identify adequate sites to aeeommodate
29 the need for groups of all household ineome levels pursttant to
30 Seetion 65584, the pfogfaffl shall identify sites that ean be,
31 developed for hottsing within the planning period pttrsuant to
32
33 .
34 (G) Where the inventory of sites pttrsttant to pat:agt:aph (3) of
35 sttbdivision (a) does not identify adequate sites to aeeommoclat-c
36 , the program shall pt:ovide for
37 suffieient sites to meet the need with zoning that peffTtits
38
39
323
11
1
2 vefy low ineome hottseholds.
3 (2) Assist in the development ofadequate h- et the
4 , low , and
5
6 ,remove
7 governmental and tiongo eonstfaints to the ,
8 , '
9 all itieutne levels and housing for pefsons with disabilities. The
10 ,
11 intended for oeetipaney
12 .
13
14 affordable hottsing stoek,
15
16 aeetr
17
18 ,
19 fatnilial stattts, of disabi4ity.
20
21
22 (a). The program for pfesefvation of the assisted holf ting
23 developments shall tttilize, to the extent tieeessary-, all available
24 fedefal, state, and loeal finaneing and sttbsidy programs identified
25 ,
26
27 available. The pt:ogram may ineittcle strategies that involve loeal
28
29
30
31 means by whieh eonsisteney will be aehieved with other general
32 .
33
34
35 in the development of the liottsing eleinent, and the program shail
36 dese.ibe this ,.G
37
38 to identify a zone of. stitable for t4e
39
40 subdivision(a)by,adopting and impkalit'lltifir,a lltttlt�ttfisdietie,�
324
12
1 ,
2 that reqttires the paffieipatittg jurisdietions to develop at least otte
3
4 .
5
6
7
8 alloeated as paft of its hottsing element.
9
10 shall deseribe in its housing element all of the followitigi
11 '
12 shelter es
13 (B) The jttrisdietion's eontribution to the f�eility for both the
14 development and onguitig opetation and management of the
15 €aeility.
16
17 eontributes to the faeilitr
18
19 jtffisdietions in their hottsing elements shall not exeeed the
20 .
21 , amendments to
22
23 shall apply to both ofthe f-ollowing�
24
25 ,
26 when a eity, eottnty, or eity and eottnty submits a draft to the
27
28 days aftef the ef-feetive date of the atnendment to this seetioti7
29 (2) Any housing element or housing element amendmen
30
31
32
34
35 s4patugraph (A) of paragraph (1) of subdivision (e) shall be
36 extended by one year if the loeal govemment has eompleted the
37
38
39 ,
325
13
1 based ttpon substantial evidenee, that any of the
2 eifeumstanees exist:
3
4
5 the loeal government of any other state, federal,
6
7
8
9 government
10
11
12 planning stf,ategy adopted pttf suant to Seetion 65 080.
13 The resolution and the findings shall be trattsmitted to the
14 department together with a detailed budget and sehedule fo.r
15 ineittding plaits
16
17 sha4l pfevide for adoption ofthe required rezoning within one yea
18 of the adoption of the resoitttion.
19
20 the deadlitte pfovided in subpafagraph
21 , ,
22 ,
23
24
25 loeally imposed diserehundly F.1111tt, or impose- a eondition that,
26 would render the projeet infeasible, i�the housing development
27 pfojeet (A) is proposed to be loeated on a site feqttifed to be
28
29
30 plan and zoning standards and efiteria, ineittding design revi.1-Y.,
31 standards,
32subpafagaph. Any s4division of sites shall be subjeet to-the
33
34 "for pttrpc)
35
36 n. s r..a.
37
38 desefibed in paragraph (1) if it makes written findifigs sttpp
39 by substa'A.— -v--twe on the feeefd that both of the following
40 eonditionsl IL.
326
14
1 ,
2
is disapproved of appfoved upoti the eonclitiott that the pf"i%.,%,t be
4 developed at a lower density.As ttsed in this paragraph,a"
5 "
6 unavoidable impaet, based on objeetive, identified written pub4ie
7 health or safety standafds, polieies, or eonditions as they existed
8 .
9 (B) Thefe is no feasible method to satisfaetotily mitigate o
10 ,
11
12 approval of the projeet tipon the eondition that it be clevelopett-at
13
14 (3) The applieant or any interested person may bring an a
15 to ettf6fee this subdivision. If a eottft finds that the loeal a eney
16 disapproved a projeet or eonditioned its approval in violation o
17 this subdivision,
18
19
20 the eottrt detemines that its order orjttdgfnent has not been eatTie
21 ottt within 60 days,
22 that the purposes and polieies ofthis subdivision afe fttlfilled. in
23 any stieh aetion, the eitr, eounty-, or eity and eottnty shall bed the
24
25 "hottsing development
26 "
27 Hit, pt'jie[developet provides sttffteient legal eotnmihnents to the
28
29 ,
30
31 of affofdablerent, as defined in Seel'"" 50052 5 or 500533 ofmi
32 Health and Safety Gode, fespeetively,
33
34
35
37 SG.2.Seetieii655O83.2erf-theCivvernment Gode,as aitieti
38 by Seetion 3 of Chaptef 375 of the Statutes of 2017, is amended
39 to rem
327
15
1eottnty's ifrvetitofy of land suitable
2 for residential development pttfsttant to paragfaph (3��
J
4 ean be developed for housing within the planning period and that
5 afe sttffieient to pfovide f6f 125 pefeent 4thejttfisdietion's
6 of the fegional housing need f-of all ineome levels pttfsttant to
r 8 As a this "landsuitablefora
7 �eetjet3-6�-5� ri3�rs=seet�e", ze5iae
8 development" ineittdes all oft-he sites that meet the standards se
9
10 .
11 (2) Vaeant sites zoned for nonresidential use that allows
12 residential development.
13 (3) Residentially toned sites giat afe eapable ofbeing developed
14 at a higher density, ineittding the airspaee above st'Les owned of
15 , of eity and eottnty.
16
17 , and for whieft the housing element ineludes a
18 progfam to rezone the stitte, as neeessafy, fezo d f6f, to pe
19 ,
20 or etty and eotttity.
21
22 .
23 ,
24 and the genefal plan designation and zoning of eaeh propei�.
25
26 pfopefty.
27
28 the development of housing withitt the jttrisdietion, the
29 deettfflentation for w iiel has been made a-vailable—to the
30 jttfisdietion. This infoltitation iteed not be identified on
31 site speeifie basis.
32 , sewer, and
JJ , ineluding the availability and aeeess to
34 a:,.t_:b..t:o f�eilities.
35 ,
36 sewef, and dry, utilities supply available and aeeessible to suppott
37 housing development or be ineluded in an extshng genefal plan
38 pfogfam of othef rnandatofy pfogfam of plan,
39 of plan of a pttblie of pfivate entity pfoviding wafer or sewer
40 sefvtee, to seettre suffietient watef, sewef,
328
16
1 to support housing development. This pafagfaph does not impose
2 , of
3 ,
4 in the ifffel Itofy.
5
6
7 systems.This inf-oftnation need not be identified on a site speeifie
8 basis.
9 (7) A map that shows the loeation of the sites ineluded in the
10 inventorr, stteh as the land ttse map from the jufisdietion's
11 plan,
12 ,
13
14
15 regional hottsing needby ineome level dttfing the planning ,
16
17
18 "I.A.IU111111%Jdated on that site and whether the site is adequate to
19 ,
20
21
22 element and a vaeant site that has been ineittded in two of more-
23 planning pefiods that was not appfoved to develo"
24 portion ofthe loeality's
25
26 households that mttst be aeeornmodated in the etttTent
27 element planning pefiod tmiess the st'Le tis toned at reside
28
29 site is sttbjeet to a progfam in the housing element requili--�;
30 fetening within three years ofthe beginning ofthe planning peri
31 to allow residential use by fight fof hottsing devel-,...-..[, Mlieh
32
�-1
34
35 (B) of paragraph (3) shall not be sttbjeet to the reqtttremettts off
36 this stthdivision to allow fesidential use by right.The analysis shall
37
38 of hottsing, ' , faetory
39 ,
40 housing, single foom oeettpaney tmjts, emefgettey
329
17
1 shelters, and transitional hottsing. The eity or eottnty shall
2
3 on eh site as follows'.
4 If loeal law or regttlations feqttire the development of
5 at a inittirrittirt densitr, the department shall aeeept the planfttng
6 '
7 based on the established minimtim density. if the eity or eounty
8 does not adopt a law or regtilation reqttiring the development of a
9 site at a minitttttttt density, then it shall demonstrate how the
10
11 vvill be aeeommodated-.
12
13 shall be adjusted as neeessary, based on the land ttse eontrols and
14 site impovenients f-equifement identified in paragraph (5)—of
15 ,the realistie development eU
16 for the site, typieal densities of existing or approved reside
17 ,
18
19 .
20 (A) A site smaller than half an aere shall not be deemed a&LJLIUlLl_
21
22 ea-n defflonstfate that sites of eqttivalent size were stteeesFy�
23 developed during the prior planning period f6f an eqttivalent
24
25 ttriless the loeality provides other evidenee to the department
26 the site is audeqttate to aeeomtriodafe lower itteeme housing.
27 (B) A site larger than 10 aeres shall not be deemed adeqttate to
28
29 demonstrate that sites of eqttivalent size were stteeessft4y
30 developed during the prior planning period for an eqttivalen
31
32
33 the site ean be developed as lower ineeme hettsing. For pttfpo
34 "
35 designated
36 to this s..baivision
37 (G) A site may be pfesumeel to be fealistie for development to
38 , at the tirne of the
39 adoptioii of the housing element,
330
18
1 lower ineorne households has been proposed and approve&-fof
2 .
3 (3) For the number oftmits ealettlated to aeeotntrtoclate its share
4
5 ,
6 (A) Provide an analysis demonstrating how the aclopted densities
7 aeeomtnodate this need. The analysis shall ineittcle,
8 limited to, faetofs stteh as market dernand, finaneial feasibility, Or
9
10 .
11 (B) The following densities shall be cleemeel appropriate to
12 aeeommoclate hottsing fiDr lower ineome hottseholds:
13
14 and for a nonmetropoltitan eottnty that has a mieropolitart atea.
15 .
16
17
18
19 per aefe.
20
21 at least 30 units ve, a%,ie7.
22 ,
23 nortmetropolitan eotinty,
24 mieropolitan area shall be as determined by the United States
25
26 ,
ere6;rar�ies
28 as may be determined by the United States Census Bttfea-u tkj
29 .
30 ,
31 be eonsidered suburban if the jtffisclietion does not meet t
32
.33
34 ,urtless
35 that jttfisdietion's
36 ease it shall be eonsidered metropolitan. A eottnty, not ineluding
37 ,shall be eonsidered sttbtti
38 tmiess the eottrtty ts tri art N4SA 4 2,000,000
39shall be eonsidered
40 .
331
19
1 if a eottnty that is
2 itt the San Franeiseo Oakland Fremont ont Gall fi ,. NIS A has ..
3 population of less thatt 400,000, that eottrity shall be eonsidefed
5 poptilation of less than 100,000, this eity shall also be eonsidefed
6 sttbtt+an.This paragraph shall apply to a housing element feNlistion
7 eyele, as deseribed in sttbparagfaph (A) of paragraph (3�—of
8 ,
9 -2044;toDeeember31, 2028, ineittsi-'—*10
11 '
existitig > rur
12 the development ancl presef-vatioti offtotising affordable to low
13 very low ineorne hottseholds.
14
15 paragraph shall report to the Assembly Committee on
16 and Community Development, the Senate Gomtniffff-P- On
17 Transportation and Hottsing, and the Depaftment ofilottsing and
18 Gommttnity Development regarding tits progress in developing
19 low and very low ineome with the fequifefflents
-
20 ,
21 on or before Deeettiber "', 20119, -vN,hieh report shall address the
22 ,
23
24 , and a third
25 tinie, before Deeernber:33 1, -2027,whieft report shall address
26
27 eyele as a whole.The reports shall be provided eonsistent with the
28 ofSeetion 9795.
29
30 "
31 above and is loeated in an NISA of 2,000,000
32 popttlatiott, unless that jttri sdietion's
34 ,
35 the eity of eounty shall speeify the additional development potential
36for eaeh site within the planning period and shall provide aft
37 explanation ofthe methodology ttsed to determine the development
38 potential. The methodology shall eottsider faetors ineittding-f4te
39
40 additional residential development, the eity's
332
20
1
2 residential development,the e rrent Okelf.n.a.—M4 for the existing
3 ttse,an analysis of any existirig leases or other eontraets that wottl
4 perpetttate the existing ttse or prevent redevelopment of the site
5 for additional residential development,development trends,m
6 eonditions, and regulatory of other ineentives or standards to
7 eneottfage additional residential development on these sites.
8 , when
9
10
11 housing need for lower itteome households,the methodology-us-ed
12 to detefrttirte additional development potential shall demonstrate
13 that the existing
14
15 residential development during the period eovered by the ho--i...
16 element. An existing ttse shall be presttmed to impecle additional
17 fesiderttial development, absent findings based on substa
18 evidenee that the ttse is likely to be diseontititted elftfing the
19 planning period.
20 , and in addition to the
21 , sites that eurrently
22 residential ttses, or within the past five year s have had residential
23 ttses that have been vaeale4 of demolished,that are or were subjeet
25 levels aff-ofdable to persons and families of low or very low
26 ,
27 ,
28 low or very low itteome hottseholds,
29 tequit i,ig the feplaeement ofall those units affordable to the same
30 of lower ineome level as a eondition of any development o
31 site. Replaeement feqttiretnents shall be eonsistent with those set
32 .
33 (h) The program required by sttbpttfagfaph(A)of paragraph(1)
34
35 of the need for housing for very low and low ineome hottseh
36
37 not been identified in the ifiventory of sites pursttant to paragraph
38 (3) of stbdivision (a) on sites that shall be zorted to perttli
39 owner oeettpied and rental multifamily residential ttse by fight fo
40 developments in whielt at least 20 pereent of the tmits are
333
21
1 aff�Dfdable to lower ineorne households dttring the planning per
2 These sites shall be toned with minitnum dertsitly and developmen
3 standards that permit at least 16 urt-tits per site at a density 0
4
5 , shall be at,
6
7
8 shall me L' Lill- 3LUII(4CAl set forth in subparagraph(B)ofparagraph
9 (5) of subdivision (b). At least 50 pefeettt of the very low art-d
10
11
12 or mixed ttses are not pennitted,
13 aeeornmodate all of the very low and low ineome hottsing need
14 on sites designated ft)r mixed ttses ifthose sites allow 100 pereent
15 residential ttse and require that residential ttse oeettpy 50 pefeent
16 of the total floor area of a mixed tts"' .
17 , the phrase
18 " government's
19
the owner oeettpied or multifamily residential ttse may not feq-"-ffe-
20 ,or othe
21 disefetionafy loeal government review of approval that wottl
22 " for purposes of Division 13 (eommerteting
23 with t
24 4 the sites shall be sttbjeet to all laws, ineluding, but not lifflited
25 to,
26 " does
27 gn review. However, that design
28 " »for pttfposes of Division 13
29 b Code.
30 Use by right for all rental trtttltif�rnily residential housing shall
31
32 Notwithstanding any other provision of this seetion, within
33 one half mile ofa Sonoma Marin Area Rail Transit station,
34 density recluitenjents in plaee on ittne 30, 2014, shall appir.
35 , the depaftfnettt
36 shall provide gttidanee to loeal governments to properly surver,
37 detail, and aeeottnt for sites listed pttrsttant to Seetion 65585.
38 '; ,
39 2028, and as ofthat date is fepea4ed.
334
22
1 SEG.3. Seetion 65583:z "f`vrthe Qvderr ment Code,as amen�ea
2
3 to few
4
5
6 subdivision(a)ofSeetion65583 shall bettsedto identi6,site
7 eati be developed for housing within the planning pefiod and that
8 are sttffieient to provide fof 125 pefeent of the jttfisdietion's
9 of the fegional hottsitt.9 need for all ineotne levels pufsttant to
10 See594. rsiise in 4--his seetjernarm suitable for residential
11 development" ineltides all of the sites that meet the standafds set
12
13 .
14 (2) 39'aean' st'es zoned for nonresidential ttse that allows
15 fesidential devel pment.
16 (3) Residentially totted sites 4tat afe eapable ofbeing developed
17 ,
18 and
19 (4) Sites zoned f;5f notifesidential ttse that ean be redeveloped
20 for residential,ttse, and for whieh the housing element ineittdes a
21 ,
22 ,
23 eottnty.
24 (b) The itiventofy of!and shall ineittde all of the following�
25 .
26 ,
27 and the general plati d- d zoning of eaeh property.
28 ,
29 propefty.
30
31 the development of hottsing within the jttfisdietion, the
32 doettmentation fof whiehi lklas been made available to Z
JJ jttfisdietion. This infionnation need not be identified on a
34 site speeifie basis.
35 y of planned watef, sewer, and
36 other dry tttilities supply, ineittding the availability and aeeess to
38 ,
39 sewef,
40 hottsing development of be ineittded in an existing genera��
335
23
1 program or other mandatofy pfogram of plan,ineltiding a program
2 of plan of a pttblie of private entity providing water or
3
4 to support housing development. This pafagraph does not impose
5 any additional dttty on the eity or eottnty to eonstfuet, finanee, ort
6 othefwise provide watef, sewer,
7 in the inventofy.
8 (6) Sites identified as available for housing for above
9
10 systems. This infofmaf ion need not be identified on a site slDeell'it.,
11 basis.
12 (7) A map that shows the loeation of the sites ii�elttcled in the
13tnventofr, stteli as the land ttse map ftlom thejttrisdietion's
14
15 ,
16
17 aeeommodate the development of some porf ion of its shafe of the
18 ,
19
20
21 aeeotntnodated on that site and whet-her the site is adequate to
22 ,
23
24
25 element and a vaeant site that has b%.,,-,, ineluded in two or more
26
27 's hottsing need sha!4 not be deemed adequate
28
29
30 elefflent planning period tmiess the site is zoned at residential
31 densities eonsistent with paragraph (3) ofthis subdivision and the
32 site is subjeet to a progfam in the housing element req.ili..�;
33
34 to allow residential ttse , I i6l�t f;m housing developments ift whieh
35
36 households. A eity that is an tmineopotated area in -a
37
38
39 this subdivision to allow residential ttse by right. The analysis shall
40
336
24
1 of housing, ineltiding multifamily rental housing,
2 ,
3 Itottsing, single room oeetipaney tmits, emergeney
4 , and transitional hottsing. The eity of eottrity shall
5
7 (1) if loeal law or regttlations require the development of a site
8 at a minimum density, the department shall aeeept the planflm
9ageney's ealettlation of the total housing unit eapaeity on that
10 based on the established minitnum density. if the eity or eotHtty
11 b the development(if
12 , then it shall demonstrate how the
13 nttmber oftmits determined for that site pursttant to this subdivision
14 willbe , odat.a
15 (2) The number of units ealettlated pttfsuant to paragraph (1)
16 shall be adjttsted as neeessary, based on the land use eontrols and
17 site improvements requirement identified in paragraph (5�-of
18 ,the realistie development eapaetty
19 for the site, typieal densities of existing or approved residential
20 ,
21 and on the ettffetit or planned availability and aeeessibility-4
22 .
23 (A) A site smaller than halfan aere shall not be deemed adeqttate
24
25 ean demonstrate that sites of equivalent size were stteeess-�
26 developed dttfing the prior planning period for an equivalent
27
28 unless the loeality provides other evidenee to the department
29 the site is adequate to aeeommodate lower ineome housing.
30 (B) A site larger than 10 aeres shall not be deerned adequate to
31 aeeommoclate lower ineome housing need unless the loeality
32 dernonstrate that sites of equivalent size were stteeessfttHy
33 developed dttfing the prior planning period for an eqttivalen
34 number of lower ineorne hottsing i-intits as pM eeted for the site of
35 unless the loeality provides other evildenee to the department
36
37 "
38 designated to aeeornmodate lower ineome housing needs pttf stant
39 to this sttbdiIiIi--.
337
25
I
2 aeeommodate lowef ineome hottsing need if-, -at, the time of the
3 adoption of the housing element,
4
5 .
6
7
8 ,
9 (A) Provide an analysis demonstrating how the adopted densitie
10 aeeommodate this need. The analysis shall ifteittde, bttt is no
11 ,
12
13 zone of tones that provide housing f-of lowef itteome hottsel9mMz
14 (B) The following densities shall be deemed appropriate to
15 aeeommodate hottsing Fof lower ineome hottseholds:
16
17
18 sites a4lowing at 4east 15 tmits per aere.
19
20
21
22 per aere.
23
24 .
25 ,
26 ,
27 mieropolitan at!ea shall be as determined by the United States
28
29 afea T � ides the s2 Be! te, Humboldt, ,
JO l�i yei„o N L 7 T,. 1,.. fne and other
J1 as may be detet=mined by the United States Census Bttfeatt to
32 notimetropolitan eounties with mieropolitan afeas in the ftttttfe.
33
34 does not meet the requitetnetits of elattses ki) and kii)
35
362,000-,040
37 in popttlation, ttniess that j ttri sclieti on's
38 4 00,000,
39 eountr, not itteluding the City and Gottnty of San Franeiseo,--s4�
40
338
26
1 -2,000,000 or greater in population in whieh ease the eottnty shall.
2 be eonsidered metropolitan.
4 »
5 above and is loeatecl in an MSA of 2,000,009
6 population,ttniess that j ttri sdieti on's
8 ,
9 the eit,of eounty shall speeif�the additional dffeloprtient potential
10 for eaeh site within the planning period and shall provide an
11 explanation ofthe methodology ttsed to determine the developmen
12 potential. The methodology shall eonsider f�etofs ineluding the
13 extent to whieh existing ttses may eonstitute an impediment to
14eotinty's past
15
16 residential development,the eurrent market dematid for the existing
17 ttse, an analysis of any existing leases of other eot-Araets that wottl
18 perpetuate the existing ttse or prevent redevelopment of the site
19 for additional residential development,development trends,marke
20 eonditions, and fegttlatofy of othe, ineentives of standards to
21 eneottrage additional residential development on these sites.
22 , when
23
24
25 ,the methodology ttsed
26 to determine additional development potential shall demonstrate
27 that the existing use ideritified pursuant to paragraph (3)—of
28 subdivision (b) does no, an impediment to additi
29
30 element. An existing use shall be presurned to impede additional
31 residential development, absent findings based on s4starttial
32 evidenee that the ttse is likely to be diseontintted during the
33 planning period.
34 (3) Notwithstanding any other law, and in addition to the
35 , sites that eurrently
36 residential ttses, of within the past five year s have had reside
37 uses that have been vaeated of demolished,
3 8 to zi ieeofded eovenant, ofditiartee, of law that
39 levels affordable to persons and f�milies of low or very lovV,
40 ineome, subjeet to arty other form ofrent or priee eontfol through
339
27
1 a publie entity's
2 low of very low ineome hottseholds,
Jing the feplaeement of all those units affordable to the same
4 or lower ineorne level as a eoridition of any development o
5 site. Replaeernertt feqttifeffients shall be eonsistent with those set,
6 .
7
8
9 of the need for hottsing for very low and low ineome households
10
11 not been identified in the inventory of sites pttf sttartt to pafagfap4-r
12 (3) of subdivision (a) ort sites that shall be zoned to IJ%-Illll,L
13 owner oeettpied and rental mttitifamily residential ttse by right fo
14 developments in whieh at least 20 pefeent of the units are
15 affordable to lower ineome hottseholds during the planning period.
16 These sites shall be zoned with mirtimurn density and developmen
17 standards 4tat permit at least 16 units per site at a density of at,
18
19 , shall be at,
20
21 (iv) of subparagraph (B) of paragraph (3) of sttbdivision (e), and
22 shall meet the standards set forth in subparagraph(B)of pafagfaplt
23
24 low ineome housing need shall be aeeornmodated on
25 designated for residential ttse and for whieh nonresidential ttses
26 of mixed ttses are not pettnitteel,
27 aeeommodate all of the very low and lo-w ineome housing need
28 on sites designated for mixed uses ifthose sites allow 100 pereen
29 residential ttse and require that residential ttse oeettpy 50 pefeen
30
of the total floor area of a mixed tts-e-I 1—
I , the ph
32 " '
the owner oeettpied or multifarnily residential ttse may not fequ a,
JJ
34
35
36 " for purposes of Division 13 (eommettei-ng
37
38 of the sites shall be sttbjeet to all laws, ineltiding, but not limited
39 to,
40 " does
340
28
1 ttot exefflpt the ttse ffoffl design review. However, thaf design
2 »
3 .
4 Use by right for all rental mttitifamily fesidential hottsing shall be
5
6 ,the depattment shall
7 ,
8 .
9 .
10 SEG. 4-
11 SECTION 1. Section 65584 of the Government Code is
12 amended to read:
13 65584. (a) (1) For the fourth and subsequent revisions of the
14 housing element pursuant to Section 65588, the department shall
15 determine the existing and projected need for housing for each
16 region pursuant to this article. For purposes of subdivision (a) of
17 Section 65583,the share of a city or county of the regional housing
18 need shall include that share of the housing need of persons at all
19 income levels within the area significantly affected by the general
20 plan of the city or county.
21 (2) It is the intent of the Legislature that cities, counties, and
22 cities and counties should undertake all necessary actions to
23 encourage, promote, and facilitate the development of housing to
24 accommodate the entire regional housing need, and reasonable
25 actions should be taken by local and regional governments to
26 ensure that future housing production meet, at a minimum, the
27 regional housing need established for planning purposes. These
28 actions shall include applicable reforms and incentives in Section
29 65582.1.
30 (3) The Legislature finds and declares that insufficient housing
31 in job centers hinders the state's environmental quality and runs
32 counter to the state's environmental goals. In particular, when
33 Californians seeking affordable housing are forced to drive longer
34 distances to work, an increased amount of greenhouse gases and
35 other pollutants is released and puts in jeopardy the achievement
36 of the state's climate goals, as established pursuant to Section
37 38566 of the Health and Safety Code, and clean air goals.
38 (b) The department, in consultation with each council of
39 governments, shall determine eachregion's existing and projected
40 housing need pursuant to Section 65584.01 at least two years prior
341
29
1 to the scheduled revision required pursuant to Section 65588.The
2 appropriate council of governments, or for cities and counties
3 without a council of governments, the department, shall adopt a
4 final regional housing need plan that allocates a share of the
5 regional housing need to each city, county, or city and county at
6 least one year prior to the scheduled revision for the region required
7 by Section 65588. The allocation plan prepared by a council of
8 governments shall be prepared pursuant to Sections 65584.04 and
9 65584.05 with the advice of the department.
10 (c) Notwithstanding any other provision of law, the due dates
11 for the determinations of the department or for the council of
12 governments, respectively, regarding the regional housing need
13 may be extended by the department by not more than 60 days if
14 the extension will enable access to more recent critical population
15 or housing data from a pending or recent release of the United
16 States Census Bureau or the Department of Finance. If the due
17 date for the determination of the department or the council of
18 governments is extended for this reason, the department shall
19 extend the corresponding housing element revision deadline
20 pursuant to Section 65588 by not more than 60 days.
21 (d) The regional housing needs allocation plan shall be
22 consistent with all of the following objectives:
23 (1) Increasing the housing supply and the mix of housing types,
24 tenure, and affordability in all cities and counties within the region
25 in an equitable manner, which shall result in each jurisdiction
26 receiving an allocation of units for low- and very low income
27 households.
28 (2) Promoting infill development and socioeconomic equity,
29 the protection of environmental and agricultural resources, and
30 the encouragement of efficient development patterns.
31 (3) Promoting an improved intraregional relationship between
32 jobs and housing.
33 (4) Allocating a lower proportion of housing need to an income
34 category when a jurisdiction already has a disproportionately high
35 share of households in that income category, as compared to the
36 countywide distribution of households in that category from the
37 most recent decennial United States census.
38 (e) For purposes of this section, "household income levels" are
39 as determined by the department as of the most recent decennial
40 census pursuant to the following code sections:
342
30
1 (1) Very low incomes as defined by Section 50105 of the Health
2 and Safety Code.
3 (2) Lower incomes, as defined by Section 50079.5 of the Health
4 and Safety Code.
5 (3) Moderate incomes,as defined by Section 50093 of the Health
6 and Safety Code.
7 (4) Above moderate incomes are those exceeding the
8 moderate-income level of Section 50093 of the Health and Safety
9 Code.
10 (f) Notwithstanding any other provision of law, determinations
11 made by the department, a council of governments, or a city or
12 county pursuant to this section or Section 65584.01, 65584.02,
13 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08
14 are exempt from the California Environmental Quality Act
15 (Division 13 (commencing with Section 21000) of the Public
16 Resources Code).
17 SEG. S.
18 SEC. 2. Section 65584.01 of the Government Code is amended
19 to read:
20 65584.01. For the fourth and subsequent revision of the housing
21 element pursuant to Section 65588,the department,in consultation
22 with each council of governments, where applicable, shall
23 determine the existing and projected need for housing for each
24 region in the following manner:
25 (a) The department's determination shall be based upon
26 population projections produced by the Department of Finance
27 and regional population forecasts used in preparing regional
28 transportation plans, in consultation with each council of
29 governments. If the total regional population forecast for the
30 projection year,developed by the council of governments and used
31 for the preparation of the regional transportation plan, is within a
32 range of 1.5 percent of the total regional population forecast for
33 the projection year by the Department of Finance, then the
34 population forecast developed by the council of governments shall
35 be the basis from which the department determines the existing
36 and projected need for housing in the region. If the difference
37 between the total population projected by the council of
38 governments and the total population projected for the region by
39 the Department of Finance is greater than 1.5 percent, then the
40 department and the council of governments shall meet to discuss
343
31
1 variances in methodology used for population projections and seek
2 agreement on a population projection for the region to be used as
3 a basis for determining the existing and projected housing need
4 for the region. If no agreement is reached, then the population
5 projection for the region shall be the population projection for the
6 region prepared by the Department of Finance as may be modified
7 by the department as a result of discussions with the council of
8 governments.
9 (b) (1) At least 26 months prior to the scheduled revision
10 pursuant to Section 65588 and prior to developing the existing and
1 l projected housing need for a region,the department shall meet and
12 consult with the council of governments regarding the assumptions
13 and methodology to be used by the department to detennine the
14 region's housing needs. The council of governments shall provide
15 data assumptions from the council's projections, including, if
16 available, the following data for the region:
17 (A) Anticipated household growth associated with projected
18 population increases.
19 (B) Household size data and trends in household size.
20 (C) The percentage of renters'households that are overcrowded
21 and the overcrowding rate for a comparable housing market. For
22 purposes of this subparagraph:
23 (i) The teen "overcrowded" means more than one resident per
24 room in each room in a dwelling.
25 (ii) The tern "overcrowded rate for a comparable housing
26 market" means that the overcrowding rate is no more than the
27 average overcrowding rate in comparable regions throughout the
28 nation, as detennined by the council of governments.
29 (D) The rate of household formation, or headship rates, based
30 on age, gender, ethnicity, or other established demographic
31 measures.
32 (E) The vacancy rates in existing housing stock,and the vacancy
33 rates for healthy housing market functioning and regional mobility,
34 as well as housing replacement needs. For purposes of this
35 subparagraph,the vacancy rate for a healthy housing market shall
36 be considered between 5 and 8 percent for both rental and
37 ownership housing.
38 (F) Other characteristics of the composition of the projected
39 population.
344
32
1 (G) The relationship between jobs and housing, including any
2 imbalance between jobs and housing.
3 (H) The percentage of households that are cost burdened and
4 the rate of housing cost burden for a healthy housing market. For
5 the purposes of this subparagraph:
6 (1) The term "cost burdened" means the share of very low-,
7 low-, moderate-, and above moderate-income households that are
8 paying more than 30 percent of household income on housing
9 costs.
10 (ii) The term"rate of housing cost burden for a healthy housing
11 market" means that the rate of households that are cost burdened
12 is no more than the average rate of households that are cost
13 burdened in comparable regions throughout the nation, as
14 determined by the council of governments.
15 (I) Projected household income growth.
16 (2) The department may accept or reject the information
17 provided by the council of governments or modify its own
18 assumptions or methodology based on this information. After
19 consultation with the council of governments,the department shall
20 make determinations in writing on the assumptions for each of the
21 factors listed in subparagraphs (A) to (I), inclusive, of paragraph
22 (1) and the methodology it shall use and shall provide these
23 detenninations to the council of governments. The methodology
24 submitted by the department shall grant allowances to adjust for
25 each of the factors listed in subparagraphs (C), (E), and (H) of
26 paragraph (1) based on the region's total projected households,
27 which includes existing households as well as future projected
28 households.
29 (c) (1) After consultation with the council of governments,the
30 department shall make a detennination of the region's existing
31 and projected housing need based upon the assumptions and
32 methodology determined pursuant to subdivision(b).The region's
33 existing and projected housing need shall reflect the achievement
34 of a feasible balance between jobs and housing within the region
35 using the regional employment projections in the applicable
36 regional transportation plan. Within 30 days following notice of
37 the detennination from the department,the council of governments
38 may file an objection to the department's detennination of the
39 region's existing and projected housing need with the department.
345
33
1 (2) The objection shall be based on and substantiate either of
2 the following:
3 (A) The department failed to base its determination on the
4 population projection for the region established pursuant to
5 subdivision(a), and shall identify the population projection which
6 the council of governments believes should instead be used for the
7 determination and explain the basis for its rationale.
8 (B) The regional housing need determined by the department
9 is not a reasonable application of the methodology and assumptions
10 determined pursuant to subdivision(b).The objection shall include
11 a proposed alternative determination of its regional housing need
12 based upon the determinations made in subdivision(b), including
13 analysis of why the proposed alternative would be a more
14 reasonable application of the methodology and assumptions
15 determined pursuant to subdivision (b).
16 (3) If a council of governments files an objection pursuant to
17 this subdivision and includes with the objection a proposed
18 alternative determination of its regional housing need, it shall also
19 include documentation of its basis for the alternative detennination.
20 Within 45 days of receiving an objection filed pursuant to this
21 section, the department shall consider the objection and snake a
22 final written determination of the region's existing and projected
23 housing need that includes an explanation of the information upon
24 which the detennination was made.
25
26 SEC. 3. Section 65584.04 of the Government Code is amended
27 to read:
28 65584.04. (a) At least two years prior to a scheduled revision
29 required by Section 65588, each council of governments, or
30 delegate subregion as applicable, shall develop a proposed
31 methodology for distributing the existing and projected regional
32 housing need to cities, counties, and cities and counties within the
33 region or within the subregion, where applicable pursuant to this
34 section. The methodology shall be consistent with the objectives
35 listed in subdivision (d) of Section 65584.
36 (b) (1) No more than six months prior to the development of a
37 proposed methodology for distributing the existing and projected
38 housing need, each council of governments shall survey each of
39 its member jurisdictions to request, at a minimum, infornation
40 regarding the factors listed in subdivision (d) that will allow the
346
34
I development of a methodology based upon the factors established
2 in subdivision (d).
3 (2) The council of governments shall seek to obtain the
4 information in a manner and format that is comparable throughout
5 the region and utilize readily available data to the extent possible.
6 (3) The infonnation provided by a local government pursuant
7 to this section shall be used, to the extent possible,by the council
8 of governments, or delegate subregion as applicable, as source
9 information for the methodology developed pursuant to this section.
10 The survey shall state that none of the infonnation received may
11 be used as a basis for reducing the total housing need established
12 for the region pursuant to Section 65584.01.
13 (4) If the council of governments fails to conduct a survey
14 pursuant to this subdivision, a city, county, or city and county may
15 submit information related to the items listed in subdivision (d)
16 prior to the public comment period provided for in subdivision
17 (c).
18 (c) Public participation and access shall be required in the
19 development of the methodology and in the process of drafting
20 and adoption of the allocation of the regional housing needs.
21 Participation by organizations other than local jurisdictions and
22 councils of governments shall be solicited in a diligent effort to
23 achieve public participation of all economic segments of the
24 community. The proposed methodology, along with any relevant
25 underlying data and assumptions, and an explanation of how
26 infonnation about local government conditions gathered pursuant
27 to subdivision (b) has been used to develop the proposed
28 methodology, and how each of the factors listed in subdivision (d)
29 is incorporated into the methodology, shall be distributed to all
30 cities, counties, any subregions, and members of the public who
31 have made a written request for the proposed methodology. The
32 council of governments,or delegate subregion, as applicable, shall
33 conduct at least one public hearing to receive oral and written
34 comments on the proposed methodology.
35 (d) To the extent that sufficient data is available from local
36 governments pursuant to subdivision (b) or other sources, each
37 council of governments, or delegate subregion as applicable, shall
38 include the following factors to develop the methodology that
39 allocates regional housing needs:
347
35
1 (1) Each member jurisdiction's existing and projected jobs and
2 housing relationship.
3 (2) The opportunities and constraints to development of
4 additional housing in each inember jurisdiction, including all of
5 the following:
6 (A) Lack of capacity for sewer or water service due to federal
7 or state laws, regulations or regulatory actions, or supply and
8 distribution decisions made by a sewer or water service provider
9 other than the local jurisdiction that preclude the jurisdiction from
10 providing necessary infrastructure for additional development
11 during the planning period.
12 (B) The availability of land suitable for urban development or
13 for conversion to residential use, the availability of underutilized
14 land, and opportunities for infill development and increased
15 residential densities. The council of governments may not limit
16 its consideration of suitable housing sites or land suitable for urban
17 development to existing zoning ordinances and land use restrictions
18 of a locality, but shall consider the potential for increased
19 residential development under alternative zoning ordinances and
20 land use restrictions. The determination of available land suitable
21 for urban development may exclude lands where the Federal
22 Emergency Management Agency (FEMA) or the Department of
23 Water Resources has determined that the flood management
24 infrastructure designed to protect that land is not adequate to avoid
25 the risk of flooding.
26 (C) Lands preserved or protected from urban development under
27 existing federal or state programs, or both, designed to protect
28 open space,farmland, environmental habitats,and natural resources
29 on a long-term basis.
30 (D) County policies to preserve prime agricultural land, as
31 defined pursuant to Section 56064,within an unincorporated area.
32 (3) The distribution of household growth assumed for purposes
33 of a comparable period of regional transportation plans and
34 opportunities to maximize the use of public transportation and
35 existing transportation infrastructure.
36 (4) The market demand for housing.
37 (5) Agreements between a county and cities in a county to direct
38 growth toward incorporated areas of the county.
39 (6) The loss of units contained in assisted housing developments,
40 as defined in paragraph (9) of subdivision (a) of Section 65583,
348
36
1 that changed to non-low-income use through mortgage prepayment,
2 subsidy contract expirations, or termination of use restrictions.
3 (7) High-housing cost burdens.
4 (8) The housing needs of fannworkers.
5 (9) The housing needs generated by the presence of a private
6 university or a campus of the California State University or the
7 University of California within any member jurisdiction.
8 (10) Any other factors adopted by the council of governments.
9 (e) The council of governments, or delegate subregion, as
10 applicable, shall explain in writing how each of the factors
11 described in subdivision(d)was incorporated into the methodology
12 and how the methodology is consistent with subdivision (d) of
13 Section 65584.The methodology may include numerical weighting.
14 (f) The following criteria shall not be a justification for a
15 determination or a reduction in a jurisdiction's share of the regional
16 housing need:
17 (1) Any ordinance,policy,voter-approved measure,or standard
18 of a city or county that directly or indirectly limits the number of
19 residential building permits issued by a city or county.
20 (2) Prior underproduction of housing in a city or county from
21 the previous regional housing need allocation, as detennined by
22 each jurisdiction's annual production report submitted pursuant
23 to subparagraph(H) of paragraph (2) of subdivision (a) of Section
24 65400.
25 (3) Stable population numbers in a city or county from the
26 previous regional housing needs cycle.
27 (g) In addition to the factors identified pursuant to subdivision
28 (d), the council of governments, or delegate subregion, as
29 applicable, shall identify any existing local, regional, or state
30 incentives, such as a priority for funding or other incentives
31 available to those local governments that are willing to accept a
32 higher share than proposed in the draft allocation to those local
33 governments by the council of governments or delegate subregion
34 pursuant to Section 65584.05.
35 (h) Following the conclusion of the 60-day public comment
36 period described in subdivision (c) on the proposed allocation
37 methodology, and after making any revisions deemed appropriate
38 by the council of governments,or delegate subregion,as applicable,
39 as a result of comments received during the public comment period,
40 each council of governments,or delegate subregion,as applicable,
349
37
1 shall adopt a final regional,or subregional,housing need allocation
2 methodology and provide notice of the adoption of the
3 methodology to the jurisdictions within the region, or delegate
4 subregion as applicable, and to the department.
5 (1) (1) It is the intent of the Legislature that housing planning
6 be coordinated and integrated with the regional transportation plan.
7 To achieve this goal, the allocation plan shall allocate housing
8 units within the region consistent with the development pattern
9 included in the sustainable communities strategy.
10 (2) The final allocation plan shall ensure that the total regional
11 housing need, by income category, as determined under Section
12 65584, is maintained, and that each jurisdiction in the region
13 receive an allocation of units for low- and very low income
14 households.
15 (3) The resolution approving the final housing need allocation
16 plan shall demonstrate that the plan is consistent with the
17 sustainable communities strategy in the regional transportation
18 plan.
19 0) (1) It is the intent of the Legislature that housing planning
20 reduce racial and wealth disparities throughout a region.To achieve
21 this goal,the allocation plan shall assign additional weight to local
22 governments that meet the following criteria in subparagraphs (A)
23 and(B) in the distribution of the regional housing needs allocation
24 for all income categories, in particular housing needs allocations
25 for low- and very low income households:
26 (A) A local government with median employed household
27 incomes above the 50th percentile for the region.
28 (B) A local government that either contains a major regional
29 job center, as detennined by the council of governments, or
30 contains high-quality public transportation for the region, such as
31 a major transit stop or stops along a high-quality transit corridor,
32 as defined in Section 21155 of the Public Resources Code, that
33 connects to a regional job center.
34 (2) The resolution approving the final housing need allocation
35 plan shall demonstrate government efforts to reduce racial and
36 wealth disparities throughout a region by assigning additional
37 weight to local governments that meet the criteria in subparagraphs
38 (A) and (B) of paragraph (1) in the distribution of the regional
39 housing needs allocation for all income categories, in particular
350
38
1 housing needs allocations for low- and very low income
2 households.
3 SEC. 7.
4 SEC. 4. No reimbursement is required by this act pursuant to
5 Section 6 of Article XIIIB of the California Constitution because
6 a local agency or school district has the authority to levy service
7 charges, fees, or assessments sufficient to pay for the program or
8 level of service mandated by this act,within the meaning of Section
9 17556 of the Government Code.
O
351