Bill Text: CA SB405 | 2023-2024 | Regular Session | Amended

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Bill Title: Planning and zoning: housing element: inventory of sites: regional housing need.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB405 Detail]

Download: California-2023-SB405-Amended.html

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Amended  IN  Senate  April 26, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 405

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Introduced by Senator Cortese

February 09, 2023

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An act to add Section 65583.3.1 to amend Section 65583.3 of the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

SB 405, as amended, Cortese. Planning and zoning: housing element: inventory of sites: regional housing need.

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 specified mandatory elements, including a housing element. Existing law also establishes a planning agency in each city and each county with the powers necessary to carry out the Planning and Zoning Law. Existing law requires the housing element to include, among other things, an inventory of land suitable and available for residential development. For a housing element or amendment adopted on or after January 1, 2021, existing law requires the planning agency to submit to the Department of Housing and Community Development an electronic copy of its inventory, as specified. Existing law requires a county or city to submit each revision or amendment of its housing element to the Department of Housing and Community Development department promptly following adoption of the revision or amendment and requires the department, within 90 days, to review the adopted housing element or amendment and report its findings to the planning agency.

Existing law requires the Department of Housing and Community Development department to determine the existing and projected need for housing for each region, as specified. Existing law requires the appropriate council of governments, or for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Existing law requires a city or county to determine whether each site in its inventory of land can accommodate the development of some portion of its share of the regional housing need, as provided. specified.

This bill, for a housing element or amendment adopted as part of the seventh planning period, would require the planning agency to provide notice to the owner of a site included in the above-described inventory that the site is included in that inventory, if the owner’s identity and contact information is known, as specified. If the site owner notifies the planning agency or the department that the owner does not intend to develop at least 80% of the number of units for the site, determined as described above, during the current planning period, the bill would provide that the site would not be considered a site that can be developed to meet the jurisdiction’s share of the regional housing need, except as specified. The bill would require the planning agency to make a reasonable effort to identify an owner and the owner’s contact information and to determine the intent of the owner to develop the site. The bill would require that the information be an important factor for the department in determining whether the housing element identifies sufficient sites to meet the jurisdiction share of regional housing. The bill would require the department to amend specified standards, forms, and definitions to implement these provisions.

This bill would expand the requirement to submit an electronic copy of the above-described inventory to the department to additionally require the planning agency to submit a housing element or amendment prepared on or after January 1, 2021. The bill would additionally require a planning agency to post the most recent version of the inventory on its internet website, as specified. The bill would require the posting to include a notice describing how property owners and other members of the public can submit information to the planning agency indicating an interest in adding a site to the land inventory and developing the site for housing. The bill, on or before an unspecified date, would require the department to establish a pilot program to develop a methodology to analyze if the inventory of suitable land has identified adequate sites to accommodate a city’s or county’s regional housing need, as specified. The bill would require the pilot program to include (1) methods for estimating the likely number of units that can be accommodated on sites in the land inventory during the planning period using a probability analysis and (2) methods for estimating the likely number of units that can be accommodated on the sites in the land inventory during the planning period under existing conditions and potential policy and other changes.

By adding 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 65583.3.1 is added to the Government Code, to read:

65583.3.1.

(a)(1)For a housing element or amendment adopted as part of the seventh planning period, if the owner’s identity and contact information is known, the planning agency shall provide to an owner of a site included in the inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) Section 65583.1 notice that the site is included in the inventory and a link to where the inventory can be found on the local government’s internet website, at the same time the planning agency makes its first draft revision available for public comment pursuant to subdivision (b) of Section 65585.

(2)A planning agency shall make a reasonable effort to identify an owner, described in paragraph (1), and obtain the owner’s contact information.

(b)If before the department reports its findings pursuant to subdivision (h) of Section 65585, an owner, described in subdivision (a), notifies the planning agency or the department that the owner does not intend to develop at least 80 percent of the number of units for the site determined pursuant to subdivision (c) of Section 65583.2 during the current planning period, except for the number of units specified in the notification, the site shall not be considered a site that can be developed to meet the jurisdiction’s share of the regional housing needs.

(c)(1)A planning agency shall make a reasonable effort to determine the intent of an owner, described in subdivision (a), to develop the site and if any developer is interested in developing the site.

(2)The information in paragraph (1) shall be an important factor in the department’s determination whether the housing element identifies sufficient sites to meet the jurisdiction’s share of the regional housing need pursuant to Section 65884.

(d)The department shall amend the standards, forms, and definitions described in subdivision (b) of Section 65583.3 to implement this section.

SECTION 1.

 Section 65583.3 of the Government Code is amended to read:

65583.3.

 (a) For a housing element or amendment prepared or adopted on or after January 1, 2021, the planning agency shall submit do both of the following:

(1) Submit to the department an electronic copy of its inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) of this section with the copy of its housing element or amendment submitted pursuant to subdivision (g) of Section 65585. The local government shall ensure, to the best of its knowledge, that the inventory of land submitted to the department is true and correct.

(2) (A) Post the most recent version of the inventory described in paragraph (1) on its internet website as part of making the first draft revision, and any subsequent draft revision, of its housing element available for public comment pursuant to paragraph (1) of subdivision (b) of Section 65585.

(B) The posting of the inventory pursuant to subparagraph (A) shall include a notice describing to property owners and other members of the public on how to submit information to the planning agency indicating an interest in adding a site to the land inventory and developing the site for housing during the planning period.

(b) Notwithstanding subdivision (a) of Section 65301, each local government shall prepare the inventory required under paragraph (3) of subdivision (a) of Section 65583 using standards, forms, and definitions adopted by the department. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this subdivision and subdivision (a) of Section 65583. Any standards, forms, or definitions adopted to implement this subdivision and subdivision (a) of Section 65583 shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.

(c) On or before ___, the department shall establish a pilot program to develop a methodology to analyze if the inventory of suitable land required under paragraph (3) of subdivision (a) of Section 65583 has identified adequate sites to accommodate the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. The pilot program shall include both of the following:

(1) One or more methods for estimating the likely number of units that can be accommodated on sites in the land inventory during the planning period using a probability analysis.

(2) One or more methods for estimating the likely number of units that can be accommodated on the sites in the land inventory during the planning period under existing conditions and potential policy and other changes.

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.