Planning and zoning: revision of housing element: regional housing need allocation appeals: Southern California Association of Governments.

(1) Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. Existing law requires, for the 4th and subsequent revisions of the housing element, the Department of Housing and Community Development (department) , in consultation with the council of governments, to determine the existing and projected need for housing for each region, as specified. Existing law requires the council of governments or delegate subregion, as applicable, to adopt a final regional housing needs plan that allocates a share of the regional housing need to each city, county, or city and county. Existing law requires each council of governments and delegate subregion to distribute a draft allocation of regional housing needs to each local government in the region or subregion. Existing law authorizes, within 45 days following receipt of the draft allocation, a local government within the region or the delegate subregion or the department to appeal to the council of governments or the delegate subregion for a revision of the share of the regional housing need proposed to be allocated to one or more local governments, as specified. This bill would reduce the period to appeal from 45 days following receipt of the draft allocation to 30 days. Existing law requires, at the close of the period to appeal, the council of governments or delegate subregion to notify all other local governments within the region or subregion of the appeal and make materials submitted in support of the appeal available on an internet website. Existing law authorizes a local government and the department to comment on one or more appeals. Existing law requires, no later than 30 days after the close of the comment period, and after providing all local governments within the region or subregion, as applicable, at least 21 day prior notice, the council of governments or delegate subregion to conduct one public hearing to consider the appeal and the comments received. This bill would instead require the council of governments or delegate subregion to conduct the above-described public hearing after providing all local governments within the region or subregion at least 10 days prior notice. Existing law requires, no later than 45 days after the above-described public hearing, the council of governments or delegate subregion to make a final determination on the appeal, as specified, and issue a proposed final allocation plan. Existing law requires, within 45 days after the issuance of the proposed final allocation plan by the council of governments or delegate subregion, the council of governments to hold a public hearing to adopt a final allocation plan. Existing law requires, within 30 days after the department's receipt of the final allocation plan, the department to determine if the final allocation plan is consistent with existing and projected housing need for the region. This bill would additionally require the council of governments or the delegate subregion to submit the proposed final allocation plan to the department and set a date for a public hearing to adopt a final allocation plan. The bill would instead require the department to determine if the final allocation plan is consistent with existing and projected housing need for the region, as described above, within 15 days after receipt of the final allocation plan. By imposing additional duties on councils of governments and delegate subregions with respect to the allocation of regional housing need, this bill would impose a state-mandated local program. Existing law authorizes a council of governments or delegate subregion to extend certain above-described time periods for up to 30 days. This bill would additionally authorize those entities to reduce certain time periods to facilitate earlier adoption of the final allocation plan, notwithstanding that those time periods cannot be reduced to fewer than a minimum of 10 days. (2) Existing law also requires certain transportation planning agencies to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system, as provided. Existing law requires each local government to review its housing element as frequently as appropriate to evaluate specified conditions and requires each local government to revise its housing element in accordance with a specified schedule. Under these provisions, existing law requires certain local governments to revise their housing elements 18 months after the adoption of every 2nd regional transportation plan update, but no later than 8 years after the deadline for the previous update of the housing element, as specified. This bill would extend the above-described deadline for certain local governments that are within the regional jurisdiction of the Southern California Association of Governments, except the County of Orange and all local governments within the County of Orange, the County of Riverside and all local governments within the County of Riverside, the County of San Bernardino and all local governments within the County of San Bernardino, and the County of Ventura and all local governments within the County of Ventura, to revise their housing elements 24 months after adoption of every 2nd regional transportation plan update for the 7th and subsequent revisions of the housing element. (3) Existing law requires a metropolitan planning organization or a regional transportation planning agency for a region that has an 8-year housing element revision interval to notify the department and the Department of Transportation in writing of the estimated adoption date for its next regional transportation plan update at least 12 months before the estimated adoption date. For purposes of determining the existing and projected need for housing within a region, that law requires the date of the next scheduled revision of the housing element be deemed to be the estimated adoption date of the regional transportation plan update described in the notice provided to the Department of Transportation plus 18 months. This bill would condition the above-described deemed date of the next scheduled revision on that date being no more than 8 years later than the deadline for adoption of the previous 8-year housing element. (4) This bill would make legislative findings and declarations as to the necessity of a special statute for the Southern California Association of Governments. (5) This bill would incorporate additional changes to Sections 65584.05 of the Government Code proposed by SB 7 to be operative only if this bill and SB 7 are enacted and this bill is enacted last. (6) This bill would incorporate additional changes to Section 65588 of the Government Code proposed by AB 2023 to be operative only if this bill and AB 2023 are enacted and this bill is enacted last. (7) 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.