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AB-738 Regional housing need allocation: County of San Mateo.(2019-2020)

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Date Published: 03/21/2019 09:00 PM
AB738:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 738


Introduced by Assembly Member Mullin

February 19, 2019


An act to amend Section 65584 of the Government Code, relating to housing. An act to amend Section 65400 of, and to add and repeal Section 65584.075 of, the Government Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 738, as amended, Mullin. Regional housing need allocation. Regional housing need allocation: County of San Mateo.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development (department) that includes, among other specified information, the number of net new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, as provided. This portion of the annual report is known as the production report.
The Planning and Zoning Law requires the department, in consultation with each council of governments, to determine the existing and projected need for housing in each region and further requires the appropriate council of governments, or the department for cities and counties without 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, as provided. That law provides for the allocation of regional housing need by the council of government or the department, as applicable. That law also provides for the allocation of a portion of a county’s share of the regional housing need to one or more cities within the county, after the final allocation of regional housing need, if certain conditions are met.
This bill would, until January 31, 2031, authorize the County of San Mateo (county) or a jurisdiction within the county, if the county or the jurisdiction contributes affordable housing funds to a deed-restricted affordable housing development in another jurisdiction in the county or to a housing joint powers authority serving the county, and if certain conditions are met, including that the contributing and receiving jurisdictions are in agreement, to report, in proportion to the amount of funds contributed, the associated completed entitlements, building permits, or a certificates of occupancy on the contributing jurisdiction’s annual production report. The bill would require the legislative bodies of the contributing and receiving jurisdictions to each hold a public hearing to provide an opportunity for public comment on the proposed agreement and to make specified written findings based on substantial evidence before approving the agreement. The bill would make conforming changes with respect to the production report required to be submitted to the department.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Mateo.

Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each region’s existing and projected housing need, as provided. Existing law requires each council of governments, or the department for cities and counties without 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 and that furthers specified objectives.

This bill would make nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 65400 of the Government Code is amended to read:

65400.
 (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A) The status of the plan and progress in its implementation.
(B) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C) The number of housing development applications received in the prior year.
(D) The number of units included in all development applications in the prior year.
(E) The number of units approved and disapproved in the prior year.
(F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) The number of net new units of housing, including both rental housing and for-sale housing, housing, and, until January 31, 2031, any units that the County of San Mateo or a jurisdiction within the County of San Mateo may report pursuant to an agreement entered into pursuant to Section 65584.075, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier which must include the assessor’s parcel number, but may include street address, or other identifiers.
(I) The number of applications submitted pursuant to subdivision (a) of section Section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of section Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of section Section 65913.4, and the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of section Section 65913.4.
(J) The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site internet website within a reasonable time of receiving the report.
(b) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.

SEC. 2.

 Section 65584.075 is added to the Government Code, to read:

65584.075.
 (a) If a jurisdiction in the County of San Mateo contributes affordable housing funds to a deed-restricted affordable housing development in another jurisdiction within the County of San Mateo, both jurisdictions may agree to allow the jurisdiction contributing the funds to report the associated entitlements, building permits, and certificates of occupancy on the contributing jurisdiction’s annual housing element production report to the department pursuant to subparagraph (H) of paragraph (2) of subdivision (a) Section 65400 if all of the following conditions are met:
(1) The fund contribution meets one of the following:
(A) It is from the County of San Mateo to a city in the County of San Mateo.
(B) It is from a city in the County of San Mateo to another city in the County of San Mateo.
(C) It is from the County of San Mateo or a city in the County of San Mateo to a housing joint powers authority serving the County of San Mateo and then to another jurisdiction in the County of San Mateo where the proposed deed-restricted affordable housing development will be constructed.
(2) Each jurisdiction has adopted a housing element that, pursuant to Section 65585, the department has determined to be in substantial compliance with the requirements of this article.
(3) Each jurisdiction has submitted to the department within the preceding 12 months the annual report required by paragraph (2) of subdivision (a) of Section 65400.
(4) The completed entitlements, building permits, and certificates of occupancy reported in the annual housing element production report of the jurisdiction contributing the funds may be as much as, but no more than, the proportion to the amount of funds the jurisdiction contributed to fund the proposed deed-restricted affordable housing development in the other jurisdiction.
(5) Each jurisdiction documents the contribution of funds described in this paragraph in the annual housing element production report of each jurisdiction required by subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
(6) The jurisdiction where the proposed deed-restricted affordable housing development will be constructed does not also report the applicable completed entitlements, building permits, and certificates of occupancy reported in the annual housing element production report required by subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
(7) The legislative body of each jurisdiction approves the proposed agreement. Before approving the proposed agreement, the legislative body of each jurisdiction shall hold a public hearing providing an opportunity for public comment on the proposed agreement. The proposed agreement shall contain information sufficient to demonstrate compliance with the requirements of this subdivision and shall identify the site location of the proposed deed-restricted affordable housing development and include the total number of units to be constructed in each income category and the total number of units to be reported in the annual housing element production report of each jurisdiction required by subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400. The legislative body of each jurisdiction may approve the proposed agreement if each jurisdiction makes all of the following findings, in writing, based on substantial evidence:
(A) The proposed agreement complies with the requirements of this subdivision.
(B) The proposed agreement will not cause or exacerbate racial, ethnic, or economic segregation.
(C) The proposed deed-restricted affordable housing development will not be located in a census tract where more than 50 percent of its population are very low income households, as defined in Section 50105 of the Health and Safety Code, unless the site of the proposed affordable housing development is within one-half mile of a major transit stop or high-quality transit corridor, as those terms are defined in subdivision (b) of Section 21155 of the Public Resources Code.
(b) The number of units that a jurisdiction contributing funds to another jurisdiction or a housing joint powers authority pursuant to subdivision (a) reports on its annual housing element production report required by subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400 shall be no more than 25 percent of its housing needs allocation for low-income and very low income housing combined.
(c) The provisions of this section shall be inoperative on January 31, 2031, and as of that date are repealed.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to the allocation of regional housing needs in the County of San Mateo.
SECTION 1.Section 65584 of the Government Code is amended to read:
65584.

(a)(1)For the fourth and subsequent revisions of the housing element pursuant to Section 65588, the department shall determine the existing and projected need for housing for each region pursuant to this article. For purposes of subdivision (a) of Section 65583, the share of a city or county of the regional housing need shall include that share of the housing need of persons at all income levels within the area significantly affected by the general plan of the city or county.

(2)It is the intent of the Legislature that cities, counties, and cities and counties should undertake all necessary actions to encourage, promote, and facilitate the development of housing to accommodate the entire regional housing need, and reasonable actions should be taken by local and regional governments to ensure that future housing production meets, at a minimum, the regional housing need established for planning purposes. These actions shall include applicable reforms and incentives in Section 65582.1.

(3)The Legislature finds and declares that insufficient housing in job centers hinders the state’s environmental quality and runs counter to the state’s environmental goals. In particular, when Californians seeking affordable housing are forced to drive longer distances to work, an increased amount of greenhouse gases and other pollutants is released and puts in jeopardy the achievement of the state’s climate goals, as established pursuant to Section 38566 of the Health and Safety Code, and clean air goals.

(b)The department, in consultation with each council of governments, shall determine each region’s existing and projected housing need pursuant to Section 65584.01 at least two years prior to the scheduled revision required pursuant to Section 65588. The appropriate council of governments, or the department for cities and counties without a council of governments, shall adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county at least one year prior to the scheduled revision for the region required by Section 65588. The allocation plan prepared by a council of governments shall be prepared pursuant to Sections 65584.04 and 65584.05.

(c)Notwithstanding any other law, the department may extend the due dates for the determinations of the department or for the council of governments, respectively, regarding the regional housing need by not more than 60 days if the extension will enable access to more recent critical population or housing data from a pending or recent release of the United States Census Bureau or the Department of Finance. If the due date for the determination of the department or the council of governments is extended for this reason, the department shall extend the corresponding housing element revision deadline pursuant to Section 65588 by not more than 60 days.

(d)The regional housing needs allocation plan shall further all of the following objectives:

(1)Increasing the housing supply and the mix of housing types, tenure, and affordability in all cities and counties within the region in an equitable manner, which shall result in each jurisdiction receiving an allocation of units for low and very low income households.

(2)Promoting infill development and socioeconomic equity, the protection of environmental and agricultural resources, the encouragement of efficient development patterns, and the achievement of the region’s greenhouse gas reductions targets provided by the State Air Resources Board pursuant to Section 65080.

(3)Promoting an improved intraregional relationship between jobs and housing, including an improved balance between the number of low-wage jobs and the number of housing units affordable to low-wage workers in each jurisdiction.

(4)Allocating a lower proportion of housing need to an income category when a jurisdiction already has a disproportionately high share of households in that income category, as compared to the countywide distribution of households in that category from the most recent American Community Survey.

(5)Affirmatively furthering fair housing.

(e)For purposes of this section:

(1)“Affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

(2)“Household income levels” are as determined by the department as of the most recent American Community Survey pursuant to the following code sections:

(A)Very low incomes, as defined by Section 50105 of the Health and Safety Code.

(B)Lower incomes, as defined by Section 50079.5 of the Health and Safety Code.

(C)Moderate incomes, as defined by Section 50093 of the Health and Safety Code.

(D)Above moderate incomes are those exceeding the moderate-income level of Section 50093 of the Health and Safety Code.

(f)Notwithstanding any other law, determinations made by the department, a council of governments, or a city or county pursuant to this section or Section 65584.01, 65584.02, 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08 are exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).