Bill Text: CA AB2685 | 2015-2016 | Regular Session | Chaptered


Bill Title: Housing elements: adoption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-09 - Chaptered by Secretary of State - Chapter 271, Statutes of 2016. [AB2685 Detail]

Download: California-2015-AB2685-Chaptered.html
BILL NUMBER: AB 2685	CHAPTERED
	BILL TEXT

	CHAPTER  271
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2016
	PASSED THE SENATE  AUGUST 17, 2016
	PASSED THE ASSEMBLY  MAY 27, 2016
	AMENDED IN ASSEMBLY  MAY 11, 2016
	AMENDED IN ASSEMBLY  APRIL 25, 2016
	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 19, 2016

   An act to amend Section 65585 of the Government Code, relating to
housing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2685, Lopez. Housing elements: adoption.
   The Planning and Zoning Law requires a city or county to adopt a
comprehensive, long-term general plan for the physical development of
the city or county and of any land outside its boundaries that bears
relation to its planning. That law also requires the general plan to
contain specified mandatory elements, including a housing element
for the preservation, improvement, and development of housing.
Existing law prescribes requirements for the preparation of the
housing element, including a requirement that a planning agency
submit a draft of the element or draft amendment to the element to
the Department of Housing and Community Development prior to the
adoption of the element or amendment to the element.
   This bill would require the planning agency staff to collect and
compile public comments and provide them to each member of the
legislative body prior to the adoption of the housing element. By
increasing the duties of local officials, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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.
  SEC. 2.  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.
                      
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