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SB-672 Planning and zoning: regional housing need allocation: City of Brisbane.(2019-2020)

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Date Published: 04/25/2019 09:00 PM
SB672:v97#DOCUMENT

Amended  IN  Senate  April 25, 2019
Amended  IN  Senate  April 03, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 672


Introduced by Senator Hill

February 22, 2019


An act to amend Sections 65400, 65584.04, and 65585 of, and to add Section 65584.10 to, the Government Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


SB 672, as amended, Hill. Planning and zoning: regional housing need allocation: City of Brisbane.
(1) The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan that includes, among other specified mandatory elements, a housing element. For the 4th and subsequent revisions of the housing element, that law requires the Department of Housing and Community Development (department) to determine the existing and projected need for housing for each region, as provided, and 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 allocating a share of the regional housing need to each city, county, or city and county that furthers various specified objectives. Existing law requires each council of governments, or a delegate subregion, to develop a proposed methodology for distributing the existing and projected regional housing need, as provided. For cities and counties without a council of governments, that law requires the department to determine and distribute the existing and projected housing need, unless that responsibility is delegated to cities and counties, as provided.
This bill, for the 5th and 6th cycle of the housing element planning period for the City of Brisbane, would prohibit the Association of Bay Area Governments from allocating to the City of Brisbane a share of the regional housing need that exceeds the share allocated to the city for the current planning period if specified conditions apply. Among these conditions, the bill would require that the City of Brisbane has taken action during the current planning period to zone or rezone sites sufficient to accommodate 350% 615% or more of its regional housing need allocation for the current planning period. The bill would require the City of Brisbane to report to the department, as part of its annual report required by existing law, information regarding demonstrable progress on meeting the 350% 615% of its regional housing need allocation required by these provisions.
(2) The Planning and Zoning Law requires the planning agency of a city or county to submit, within specified time periods, a draft housing element or amendment of a housing element to the department for review. If the department finds that the housing element does not comply with specified provisions regarding that element, that law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply or (B) adopt the draft element or amendment without changes and include written findings explaining the reasons the legislative body believes the draft element or amendment complies with those provisions. That law requires the department to review the adopted housing element or amendment within 90 days.
The Planning and Zoning Law requires each city, county, or city and county to ensure that its housing element inventory or its housing element program makes sites available, as provided, sufficient to accommodate, at all times throughout the planning period, its remaining unmet share of the regional housing need. That law requires a city, county, or city and county to identify and make available within 180 days additional adequate sites to accommodate the jurisdiction’s share of the regional housing need by income level, if the approval of a development project results in fewer units by income category than identified in the jurisdiction’s housing element for that parcel and the jurisdiction does not find that the remaining sites in the housing element are adequate to accommodate the jurisdiction’s share of the regional housing need by income level.
The Planning and Zoning Law requires the department to notify the city, county, or city and county, and authorizes the department to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the department finds, among other things, that the housing element or amendment to a housing element does not comply with specified law or that the local government has taken action in violation of the above-described requirements.
This bill, if the City of Brisbane fails to provide information regarding demonstrable progress on meeting the 350% 615% of its regional housing need allocation, as described above, would require the department to determine that the city’s housing element does not substantially comply with specified law regarding the housing element and to report that noncompliance to the Attorney General. The bill would specify that its provisions regarding allocations of regional housing need to the City of Brisbane, as described above, do not waive or reduce the requirement to ensure that the City of Brisbane’s housing element inventory accommodate accommodates sufficient sites to meet the city’s unmet share of regional housing need. If the site of a proposed housing development that is used to comply with the above-described requirement to accommodate 350% 615% of the city’s regional housing need allocation in the current planning period is no longer adequate to meet specified requirements under existing law and to accommodate the City of Brisbane’s share of the regional housing need, the bill would require the city to comply with the requirement to identify and make available adequate sites, as described above. The bill would provide that if the City of Brisbane fails to comply with these actions, that failure will be deemed to be a violation of state law in accordance with an existing process described above, and would require the department to notify the Attorney General of that violation.
(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Brisbane.
(4) By adding to the duties of the Association of Bay Area Governments, which is a council of governments for purposes of the regional housing need allocation process, with respect to the allocation of regional housing need, this bill would impose a state-mandated local program.
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   Local Program: YES  

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, 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 that 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 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of Section 65913.4, 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 65913.4.
(J) For the annual report submitted by the planning agency for the City of Brisbane, the information required by subdivision (d) of Section 65584.10, if applicable.
(K) The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its 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 65584.04 of the Government Code is amended to read:

65584.04.
 (a) At least two years prior to a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, where applicable pursuant to this section. The methodology shall further the objectives listed in subdivision (d) of Section 65584.
(b) (1) No more than six months prior to the development of a proposed methodology for distributing the existing and projected housing need, each council of governments shall survey each of its member jurisdictions to request, at a minimum, information regarding the factors listed in subdivision (e) that will allow the development of a methodology based upon the factors established in subdivision (e).
(2) With respect to the objective in paragraph (5) of subdivision (d) of Section 65584, the survey shall review and compile information that will allow the development of a methodology based upon the issues, strategies, and actions that are included, as available, in an Analysis of Impediments to Fair Housing Choice or an Assessment of Fair Housing completed by any city or county or the department that covers communities within the area served by the council of governments, and in housing elements adopted pursuant to this article by cities and counties within the area served by the council of governments.
(3) The council of governments shall seek to obtain the information in a manner and format that is comparable throughout the region and utilize readily available data to the extent possible.
(4) The information provided by a local government pursuant to this section shall be used, to the extent possible, by the council of governments, or delegate subregion as applicable, as source information for the methodology developed pursuant to this section. The survey shall state that none of the information received may be used as a basis for reducing the total housing need established for the region pursuant to Section 65584.01.
(5) If the council of governments fails to conduct a survey pursuant to this subdivision, a city, county, or city and county may submit information related to the items listed in subdivision (e) prior to the public comment period provided for in subdivision (d).
(c) The council of governments shall electronically report the results of the survey of fair housing issues, strategies, and actions compiled pursuant to paragraph (2) of subdivision (b). The report shall describe common themes and effective strategies employed by cities and counties within the area served by the council of governments, including common themes and effective strategies around avoiding the displacement of lower-income households. The council of governments shall also identify significant barriers to affirmatively furthering fair housing at the regional level and may recommend strategies or actions to overcome those barriers. A council of governments or metropolitan planning organization, as appropriate, may use this information for any other purpose, including publication within a regional transportation plan adopted pursuant to Section 65080 or to inform the land use assumptions that are applied in the development of a regional transportation plan.
(d) Public participation and access shall be required in the development of the methodology and in the process of drafting and adoption of the allocation of the regional housing needs. Participation by organizations other than local jurisdictions and councils of governments shall be solicited in a diligent effort to achieve public participation of all economic segments of the community as well as members of protected classes under Section 12955. The proposed methodology, along with any relevant underlying data and assumptions, an explanation of how information about local government conditions gathered pursuant to subdivision (b) has been used to develop the proposed methodology, how each of the factors listed in subdivision (e) is incorporated into the methodology, and how the proposed methodology furthers the objectives listed in subdivision (e) of Section 65584, shall be distributed to all cities, counties, any subregions, and members of the public who have made a written or electronic request for the proposed methodology and published on the council of governments’, or delegate subregion’s, internet website. The council of governments, or delegate subregion, as applicable, shall conduct at least one public hearing to receive oral and written comments on the proposed methodology.
(e) To the extent that sufficient data is available from local governments pursuant to subdivision (b) or other sources, each council of governments, or delegate subregion as applicable, shall include the following factors to develop the methodology that allocates regional housing needs:
(1) Each member jurisdiction’s existing and projected jobs and housing relationship. This shall include an estimate based on readily available data on the number of low-wage jobs within the jurisdiction and how many housing units within the jurisdiction are affordable to low-wage workers as well as an estimate based on readily available data, of projected job growth and projected household growth by income level within each member jurisdiction during the planning period.
(2) The opportunities and constraints to development of additional housing in each member jurisdiction, including all of the following:
(A) Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supply and distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional development during the planning period.
(B) The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality, but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.
(C) Lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis, including land zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts conversion to nonagricultural uses.
(D) County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporated and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion to nonagricultural uses.
(3) The distribution of household growth assumed for purposes of a comparable period of regional transportation plans and opportunities to maximize the use of public transportation and existing transportation infrastructure.
(4) Agreements between a county and cities in a county to direct growth toward incorporated areas of the county and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to nonagricultural uses.
(5) The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section 65583, that changed to non-low-income use through mortgage prepayment, subsidy contract expirations, or termination of use restrictions.
(6) The percentage of existing households at each of the income levels listed in subdivision (e) of Section 65584 that are paying more than 30 percent and more than 50 percent of their income in rent.
(7) The rate of overcrowding.
(8) The housing needs of farmworkers.
(9) The housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member jurisdiction.
(10) The loss of units during a state of emergency that was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the analysis.
(11) The region’s greenhouse gas emissions targets provided by the State Air Resources Board pursuant to Section 65080.
(12) For a council of governments that includes the City of Brisbane as a member jurisdiction, whether the limitation specified in Section 65584.10 applies with respect to the City of Brisbane.
(13) Any other factors adopted by the council of governments, that further the objectives listed in subdivision (d) of Section 65584, provided that the council of governments specifies which of the objectives each additional factor is necessary to further. The council of governments may include additional factors unrelated to furthering the objectives listed in subdivision (d) of Section 65584 so long as the additional factors do not undermine the objectives listed in subdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision (f) of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant health and safety conditions.
(f) The council of governments, or delegate subregion, as applicable, shall explain in writing how each of the factors described in subdivision (e) was incorporated into the methodology and how the methodology furthers the objectives listed in subdivision (d) of Section 65584. The methodology may include numerical weighting. This information and any other supporting materials used in determining the methodology, shall be posted on the council of governments’, or delegate subregion’s, internet website.
(g) The following criteria shall not be a justification for a determination or a reduction in a jurisdiction’s share of the regional housing need:
(1) Any ordinance, policy, voter-approved measure, or standard of a city or county that directly or indirectly limits the number of residential building permits issued by a city or county.
(2) Prior underproduction of housing in a city or county from the previous regional housing need allocation, as determined by each jurisdiction’s annual production report submitted pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
(3) Stable population numbers in a city or county from the previous regional housing needs cycle.
(h) Following the conclusion of the public comment period described in subdivision (d) on the proposed allocation methodology, and after making any revisions deemed appropriate by the council of governments, or delegate subregion, as applicable, as a result of comments received during the public comment period, and as a result of consultation with the department, each council of governments, or delegate subregion, as applicable, shall publish a draft allocation methodology on its internet website and submit the draft allocation methodology, along with the information required pursuant to subdivision (e), to the department.
(i) Within 60 days, the department shall review the draft allocation methodology and report its written findings to the council of governments, or delegate subregion, as applicable. In its written findings the department shall determine whether the methodology furthers the objectives listed in subdivision (d) of Section 65584. If the department determines that the methodology is not consistent with subdivision (d) of Section 65584, the council of governments, or delegate subregion, as applicable, shall take one of the following actions:
(1) Revise the methodology to further the objectives listed in subdivision (d) of Section 65584 and adopt a final regional, or subregional, housing need allocation methodology.
(2) Adopt the regional, or subregional, housing need allocation methodology without revisions and include within its resolution of adoption findings, supported by substantial evidence, as to why the council of governments, or delegate subregion, believes that the methodology furthers the objectives listed in subdivision (d) of Section 65584 despite the findings of the department.
(j) If the department’s findings are not available within the time limits set by subdivision (i), the council of governments, or delegate subregion, may act without them.
(k) Upon either action pursuant to subdivision (i), the council of governments, or delegate subregion, shall provide notice of the adoption of the methodology to the jurisdictions within the region, or delegate subregion, as applicable, and to the department, and shall publish the adopted allocation methodology, along with its resolution and any adopted written findings, on its internet website.
(l) The department may, within 90 days, review the adopted methodology and report its findings to the council of governments, or delegate subregion.
(m) (1) It is the intent of the Legislature that housing planning be coordinated and integrated with the regional transportation plan. To achieve this goal, the allocation plan shall allocate housing units within the region consistent with the development pattern included in the sustainable communities strategy.
(2) The final allocation plan shall ensure that the total regional housing need, by income category, as determined under Section 65584, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very low income households.
(3) The resolution approving the final housing need allocation plan shall demonstrate that the plan is consistent with the sustainable communities strategy in the regional transportation plan and furthers the objectives listed in subdivision (d) of Section 65584.

SEC. 3.

 Section 65584.10 is added to the Government Code, to read:

65584.10.
 (a) The Legislature finds and declares the following:
(1) The state faces a serious housing crisis, due in part to decades of underproduction of housing of all types, to serve all income levels. A key factor in addressing this crisis is to significantly increase housing production in all cities and counties across the state.
(2) The Brisbane Baylands is a roughly 660-acre tract of land located within the City of Brisbane. The site is a brownfield, composed of a former municipal landfill and a former railyard, and therefore remediation will require significant cost and time in order to redevelop the site for residential and other uses.
(3) After years of disagreement between residents of the City of Brisbane and the primary owner of the property as to the safety of the land, as well as strong outside interest from elected officials, the City of Brisbane placed Measure JJ, a general plan amendment, on the November 8, 2018, ballot and voters passed the measure, permitting residential development of the Baylands on specified terms.
(4) As a result of the voter-approved initiative, the City of Brisbane amended its general plan to permit on the Baylands site between 1,800 and 2,200 units of housing, of which at least 15 percent must be affordable, and up to 7,000,000 square feet of commercial development. This amount of housing roughly doubles the size of the City of Brisbane.
(5) The Legislature recognizes the importance of the Brisbane Baylands project, under which at least 1,800 units of housing will be constructed, including at least 270 units affordable to very low, low-, and moderate-income levels.
(6) Therefore, the Legislature finds a unique circumstance exists under which the City of Brisbane should not be forced to accept a higher regional housing need allocation while the City of Brisbane and the developer undertake the long planning process necessary to remediate the Baylands and ultimately produce a large number of housing units that will be created when the site is fully developed.
(7) The Legislature finds that this unique circumstance is not intended to set a precedent or encourage or justify future similar actions by a county or city.
(b) As used in this section:
(1) “Current planning period” means the fifth cycle housing element planning period for the City of Brisbane.
(2) “Subsequent planning period” means the sixth cycle housing element planning period for the City of Brisbane.
(c) Notwithstanding any other law, for the current planning period and subsequent planning period, the Association of Bay Area Governments shall not allocate to the City of Brisbane a share of the regional housing need pursuant to Section 65584.04 that exceeds the share allocated to that city for the current planning period if all of the following apply:
(1) The City of Brisbane has taken action during the current planning period to zone or rezone sites sufficient to accommodate 350 615 percent or more of its regional housing need allocation for the current planning period.
(2) The City of Brisbane maintains or rezones sites sufficient to accommodate 350 615 percent or more of its regional housing need allocation for the subsequent planning period.
(3) The City of Brisbane agrees to provide a copy of its annual progress report, required to be submitted to the department pursuant to paragraph (2) of subdivision (a) of Section 65400, to the Association of Bay Area Governments for each year of the current planning period and the subsequent planning period.
(4) The City of Brisbane approves a specific plan within 24 months of the developer of the project described in subdivision (a) submitting a revised application that satisfies the applicable criteria of the city’s general plan, as amended by ballot initiative in November 2018.
(d) (1) For the current planning period and the subsequent planning period, the City of Brisbane shall include in its annual progress report to the department information regarding demonstrable progress on meeting the 350 615 percent of its regional housing need allocation required pursuant to paragraphs (1) and (2) of subdivision (c).
(2) If the City of Brisbane fails to provide information showing demonstrable progress, as determined by the department, the department shall immediately determine that the City of Brisbane’s housing element does not substantially comply with this article for purposes of Section 65585 and shall report that noncompliance to the Attorney General pursuant to subdivision (j) of Section 65585.
(e) (1) This section does not waive or reduce the City of Brisbane’s obligation pursuant to Section 65863 to ensure that its housing element inventory accommodates, at all times throughout the housing planning period, its remaining unmet share of its regional housing need.
(2) If, at any time, the site of a proposed housing development that is used to comply with the requirements of paragraphs (1) and (2) of subdivision (c) is no longer adequate to meet the requirements of Section 65583.2 and to accommodate the City of Brisbane’s share of the regional housing need pursuant to Section 65584, the city shall within 180 days comply with the requirements of paragraph (2) of subdivision (c) of Section 65863.
(3) If the City of Brisbane fails to comply with the requirements of this subdivision, that failure shall be deemed to be a violation of Section 65863 within the meaning of subdivision (j) of Section 65585, and the department shall notify the Attorney General of that violation.

SEC. 4.

 Section 65585 of the Government Code is amended to read:

65585.
 (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
(b) (1) At least 90 days prior to adoption of its housing element, or at least 60 days prior to the adoption of an amendment to this element, the planning agency shall submit a draft element or draft amendment to the department.
(2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.
(3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the draft in the case of an adoption or within 60 days of its receipt in the case of a draft amendment.
(c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
(d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.
(f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1) Change the draft element or draft amendment to substantially comply with this article.
(2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j) (1) The department shall notify the city, county, or city and county and, except as otherwise provided in paragraph (2), may notify the Office office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(A) Housing Accountability Act (Section 65589.5 of the Government Code).
(B) Section 65863 of the Government Code.
(C) Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.
(D) Section 65008 of the Government Code.
(E) Subdivision (d) or (e) of Section 65584.10.
(2) Notwithstanding paragraph (1), the department shall notify the office of the Attorney General that the City of Brisbane is in violation of state law, as provided in this subdivision, if it finds that the City of Brisbane has violated subdivision (d) or (e) of Section 65584.10.

SEC. 5.

 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 regarding the Brisbane Baylands development project in the City of Brisbane.

SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.