Affirmatively further fair housing: housing element: inventory of land.

(1) Existing law requires a public agency, as defined, to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and to not take any action that is materially inconsistent with this obligation. This bill would clarify that a public agency has a mandatory duty to comply with the obligation described above. The bill would specify that this provision is a clarification of existing law and not to be deemed a change in previous law. (2) The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Existing law requires the housing element to include a schedule of actions during the planning period that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element. Existing law requires this schedule of actions to, among other things, affirmatively further fair housing and include an assessment of fair housing issues in the jurisdiction that includes specified components, including an analysis of available federal, state, and local data and knowledge to, among other things, identify integration and segregation patterns and trends and an assessment of the jurisdiction's fair housing enforcement and fair housing outreach capacity. This bill would revise the items to be included in the analysis and would require that analysis to be done in a specified manner. The bill would also require that the schedule of actions assess the local and regional historical origins and current policies and practices that contribute to fair housing factors identified in the schedule. (3) Existing law requires the housing element to include an inventory of land suitable and available for development and requires that inventory to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels. This bill would require the inventory of land to include an analysis of the relationship of the sites identified in the inventory to the jurisdiction's duty to affirmatively further fair housing. Existing law requires the inventory of land to include an analysis of whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. This bill would additionally require that the analysis in the inventory determine whether the inventory affirmatively furthers fair housing. (4) This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 1398 to be operative only if this bill and AB 1398 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65583.2 of the Government Code proposed by AB 1398 to be operative only if this bill and AB 1398 are enacted and this bill is enacted last. (5) By expanding local duties with regard to the administration of housing elements, the 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.