Today's Law As Amended

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AB-3146 Housing data: collection and reporting.(2019-2020)

As Amends the Law Today


 Section 65400 of the Government Code is amended to read:

 (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) (i)  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.
(ii)  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.
(iii)  The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) 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 shall not be required.  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 and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, 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 (c) (b)  of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) (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 (c) (b)  of Section 65913.4.
(J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
(K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.  information required in paragraph (1) of subdivision (a) of Section 65940.1. 
(L) All of the following information regarding each housing development project located within the local agency:
(i) The name of the applicant.
(ii) The date the housing development project application was received, and the date it has been deemed complete or incomplete pursuant to Section 65943.
(iii) Dates of final approval by the administrative departments or legislative bodies, as defined in Section 54952, of the following discretionary and ministerial approvals, if applicable to the project:
(I) Historic preservation review or equivalent.
(II) Design review, architectural review, or the issuance of a site development permit or equivalent.
(III) Issuance of a conditional use permit, planned unit development permit, or equivalent.
(IV) Issuance of a tentative map or final map.
(V) Issuance of a demolition permit.
(VI) Issuance of grading permit.
(VII) Issuance of a building permit for vertical construction.
(iv) Whether the project proponent has requested a building permit for the project, and if so, the dates it was requested.
(v) Whether the project proponent is eligible to request a building permit for the project, and if so, the dates that it became eligible.
(vi) Whether the project proponent has obtained final approval or certification that the housing development is habitable, such as a certificate of occupancy, and if so, the date it was obtained.
(vii) Whether the project has been, or the planning agency knows the project will be, exempt from environmental review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(viii) Whether the application was submitted pursuant to Section 65852.2 or 65852.22.
(ix) Whether the project is seeking any bonus, concession, or waiver under Section 65915, and if so, the otherwise allowable density for the site and the density of the project as proposed and as approved.
(L) (x)  The following information with respect to density bonuses granted in accordance with Section 65915: This subparagraph shall not apply to a city or county if either of the following apply: 
(i) (I)  The number of density bonus applications received by the city or county. city or county is located in an area without a metropolitan planning organization. 
(ii) (II)  The number of density bonus applications approved by the city or county. department has not adopted an update to its forms, standards, and definitions to implement this subparagraph at least 16 months before the date that the report is due to the department. 
(iii) (M)  Data from a sample of projects, selected by the planning agency, approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project. A copy of, or specific internet website address for, local density bonus ordinances, inclusionary zoning ordinances, rent stabilization or anti-rent-gouging ordinances, accessory dwelling unit ordinances, and any local ordinance that establishes local requirements or incentives for the development or preservation of affordable or rent-controlled housing. 
(M) (b)  The Department of Housing and Community Development shall post a report submitted may assess the accuracy of the information submitted as part of the annual report required pursuant to paragraph (2) of subdivision (a). If the department determines that any report submitted to it by a planning agency  pursuant to this paragraph on its internet website within a reasonable time of receiving the report. section contains inaccurate information, the department may require that the planning agency correct that inaccuracy. 
(b) (c)  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.
(d) For purposes of this section, “housing development project” means any development project that includes residential units.
(e) The Department of Housing and Community Development shall post a report submitted pursuant to paragraph (2) of subdivision (a) on its internet website within a reasonable time of receiving the report.
SEC. 2.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.