CC SR 20210504 E - AB 1258 Letter of Support
CITY COUNCIL MEETING DATE: 05/04/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a letter of support for
AB 1258.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a City letter of support for AB 1258.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft City letter supporting AB 1258 (page A-1)
B. Text of AB 1258 (as amended March 22, 2021) (page B-1)
BACKGROUND AND DISCUSSION:
Assembly Bill No. 1258, introduced by Assemblymember Janet Nguyen of Fountain
Valley, would subject the Department of Housing and Community Development’s (HCD)
final determination of a region’s housing needs or a final regional housing needs plan to
judicial review.
Current law requires local governments to prepare and adopt a general plan for their
jurisdiction that contains certain mandatory elements, including the locality’s share of
the regional housing need allocation (RHNA). HCD, in consultation with the regional
council of governments, determines each region’s existing and projected housing
needs. Once that determination is made by HCD, the council of governments may
object to the determination, and the department is required to respond to an objecti on
by making a final written determination.
1
Previous state law provided a judicial review for challenges to HCD’s final housing
needs determination or a regional council of government’s final regional housing needs
plan, but was removed with a 2004 law. AB 1258 seeks to reinstate this judicial review.
This process would provide for independent review and analysis of the findings and final
determinations made by the HCD and regional council of governments.
The Southern California Association of Governments (SCAG) is the organization tasked
with developing a RHNA allocation plan for the Southern California region. As a result of
SCAG’s appeals and redistribution process, the City of Rancho Palos Verdes has been
allocated a total of 639 housing units, which m ust be incorporated into the City’s
housing element plan.
On January 13, 2021, Staff presented the City’s appeal to the RHNA Appeal
Committee, outlining the local factors that limit development in the City, including being
in a Very High Fire Hazard Severity Zone (VHFHSZ), geologic constraints including the
landslide, and that large areas are restricted open space. The appeal was denied.
Given the significant impact that a housing element has on local governments’ planning
and development, it seems reasonable that there should be the opportunity for judicial
review of these decisions. Therefore, Staff recommends the City Council authorize the
Mayor to sign a letter to Assemblymember Nguyen as drafted, or with revisions,
supporting AB 1258.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter.
3. Take other action, as deemed appropriate.
2
May 4, 2021 Via Email
The Honorable Janet Nguyen
California State Assembly
State Capitol, Room 4153
Sacramento, CA 95814
SUBJECT: Notice of Support for AB 1258
Dear Assemblymember Nguyen:
The City of Rancho Palos Verdes supports AB 1258, which would subject the
Department of Housing and Community Development’s (HCD) final determination of a
region’s housing needs, or a final regional housing needs plan, to judicial review.
Current law requires local governments to prepare and adopt general plans for their
jurisdiction that contains certain mandatory elements, including the locality’s share of
the regional housing need allocation (RHNA). HCD, in consultation with the regional
council of governments, determines each region’s existing and projected housing
needs. Once that determination is made by HCD, the council of governments may
object to the determination, and the department is required to respond to an objection
by making a final written determination.
Previous state law provided judicial review for challenges to HCD’s final housing needs
determination or a regional council of government’s final regional housing needs plan ,
but was removed with a 2004 law. AB 1258 seeks to reinstate this judicial review. This
process would provide for independent review and analysis of the findings and final
determinations made by the HCD and regional council of governments, which Rancho
Palos Verdes supports.
Given the significant impact that a housing element has on local governments’ planning
and development, it seems reasonable that there should be the opportunity for judicial
review of these decisions. Therefore, the City of Rancho Palos Verdes supports AB
1258.
A-1
Assemblymember Nguyen
May 4, 2021
Page 2
Sincerely,
Eric Alegria
Mayor
cc: David Chiu, Chair, Assembly Housing and Community Development Committee
Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assembly Member, 66th Assembly District
Jeff Kiernan, League of California Cities
Meg Desmond, League of California Cities
Marcel Rodarte, California Contract Cities Association
Jacki Bacharach, South Bay Cities Council of Governments
Rancho Palos Verdes City Council
Ara Mihranian, City Manager
Karina Bañales, Deputy City Manager
A-2
AMENDED IN ASSEMBLY MARCH 22, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1258
Introduced by Assembly Member Nguyen
February 19, 2021
An act to amend Section 65584 of the Government Code, relating to
housing. An act to amend Sections 65584 and 65584.01 of the
Government Code, relating to housing.
legislative counsel’s digest
AB 1258, as amended, Nguyen. Housing element: regional housing
need plan: judicial review.
Existing law requires each city, county, or city and county to prepare
and adopt a general plan for its jurisdiction that contains certain
mandatory elements, including a housing element. Under existing law,
a part of the housing element is an assessment of housing needs, which
includes the locality’s share of the regional housing need. Under existing
law the Department of Housing and Community Development, in
consultation with each council of governments, determines each region’s
existing and projected housing needs. Under existing law, upon making
that determination, the council of governments may object to the
determination, and the department is required to respond to an objection
by making a final written determination. Existing law requires that,
based on the determination of the department, a council of governments,
or for cities and counties without a council of governments, the
department, adopts a final regional housing need plan that allocates a
share of the regional housing need to each locality in the region.
This bill would subject the department’s final written determination
of a region’s housing needs to judicial review in an action brought by
98 B-1
the council of governments. The bill would also subject the final regional
housing need plan adopted by the council of governments or the
department, as the case may be, to judicial review.
Existing law requires each city, county, or city and county to prepare
and adopt a general plan for its jurisdiction that contains certain
mandatory elements, including a housing element. Under existing law,
a part of the housing element is an assessment of housing needs, which
includes the locality’s share of the regional housing need. Under existing
law the appropriate council of governments, or for cities and counties
without a council of governments, the Department of Housing and
Community Development, adopts a final regional housing need plan
that allocates a share of the regional housing need to each locality in
the region.
This bill would subject the final regional housing need plan to judicial
review.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65584 of the Government Code is
line 2 amended to read:
line 3 65584. (a) (1) For the fourth and subsequent revisions of the
line 4 housing element pursuant to Section 65588, the department shall
line 5 determine the existing and projected need for housing for each
line 6 region pursuant to this article. For purposes of subdivision (a) of
line 7 Section 65583, the share of a city or county of the regional housing
line 8 need shall include that share of the housing need of persons at all
line 9 income levels within the area significantly affected by the general
line 10 plan of the city or county.
line 11 (2) It is the intent of the Legislature that cities, counties, and
line 12 cities and counties should undertake all necessary actions to
line 13 encourage, promote, and facilitate the development of housing to
line 14 accommodate the entire regional housing need, and reasonable
line 15 actions should be taken by local and regional governments to
line 16 ensure that future housing production meets, at a minimum, the
line 17 regional housing need established for planning purposes. These
line 18 actions shall include applicable reforms and incentives in Section
line 19 65582.1.
98
— 2 — AB 1258 B-2
line 1 (3) The Legislature finds and declares that insufficient housing
line 2 in job centers hinders the state’s environmental quality and runs
line 3 counter to the state’s environmental goals. In particular, when
line 4 Californians seeking affordable housing are forced to drive longer
line 5 distances to work, an increased amount of greenhouse gases and
line 6 other pollutants is released and puts in jeopardy the achievement
line 7 of the state’s climate goals, as established pursuant to Section
line 8 38566 of the Health and Safety Code, and clean air goals.
line 9 (b) (1) The department, in consultation with each council of
line 10 governments, shall determine each region’s existing and projected
line 11 housing need pursuant to Section 65584.01 at least two years prior
line 12 to the scheduled revision required pursuant to Section 65588. The
line 13 appropriate council of governments, or for cities and counties
line 14 without a council of governments, the department, shall adopt a
line 15 final regional housing need plan that allocates a share of the
line 16 regional housing need to each city, county, or city and county at
line 17 least one year prior to the scheduled revision for the region required
line 18 by Section 65588. The allocation plan prepared by a council of
line 19 governments shall be prepared pursuant to Sections 65584.04 and
line 20 65584.05.
line 21 (2) The final regional housing need plan adopted under
line 22 paragraph (1) by the council of governments or the department,
line 23 as the case may be, shall be subject to judicial review pursuant to
line 24 Section 1085 of the Code of Civil Procedure.
line 25 (c) Notwithstanding any other provision of law, the due dates
line 26 for the determinations of the department or for the council of
line 27 governments, respectively, regarding the regional housing need
line 28 may be extended by the department by not more than 60 days if
line 29 the extension will enable access to more recent critical population
line 30 or housing data from a pending or recent release of the United
line 31 States Census Bureau or the Department of Finance. If the due
line 32 date for the determination of the department or the council of
line 33 governments is extended for this reason, the department shall
line 34 extend the corresponding housing element revision deadline
line 35 pursuant to Section 65588 by not more than 60 days.
line 36 (d) The regional housing needs allocation plan shall further all
line 37 of the following objectives:
line 38 (1) Increasing the housing supply and the mix of housing types,
line 39 tenure, and affordability in all cities and counties within the region
line 40 in an equitable manner, which shall result in each jurisdiction
98
AB 1258 — 3 — B-3
line 1 receiving an allocation of units for low- and very low income
line 2 households.
line 3 (2) Promoting infill development and socioeconomic equity,
line 4 the protection of environmental and agricultural resources, the
line 5 encouragement of efficient development patterns, and the
line 6 achievement of the region’s greenhouse gas reductions targets
line 7 provided by the State Air Resources Board pursuant to Section
line 8 65080.
line 9 (3) Promoting an improved intraregional relationship between
line 10 jobs and housing, including an improved balance between the
line 11 number of low-wage jobs and the number of housing units
line 12 affordable to low-wage workers in each jurisdiction.
line 13 (4) Allocating a lower proportion of housing need to an income
line 14 category when a jurisdiction already has a disproportionately high
line 15 share of households in that income category, as compared to the
line 16 countywide distribution of households in that category from the
line 17 most recent American Community Survey.
line 18 (5) Affirmatively furthering fair housing.
line 19 (e) For purposes of this section, “affirmatively furthering fair
line 20 housing” means taking meaningful actions, in addition to
line 21 combating discrimination, that overcome patterns of segregation
line 22 and foster inclusive communities free from barriers that restrict
line 23 access to opportunity based on protected characteristics.
line 24 Specifically, affirmatively furthering fair housing means taking
line 25 meaningful actions that, taken together, address significant
line 26 disparities in housing needs and in access to opportunity, replacing
line 27 segregated living patterns with truly integrated and balanced living
line 28 patterns, transforming racially and ethnically concentrated areas
line 29 of poverty into areas of opportunity, and fostering and maintaining
line 30 compliance with civil rights and fair housing laws.
line 31 (f) For purposes of this section, “household income levels” are
line 32 as determined by the department as of the most recent American
line 33 Community Survey pursuant to the following code sections:
line 34 (1) Very low incomes as defined by Section 50105 of the Health
line 35 and Safety Code.
line 36 (2) Lower incomes, as defined by Section 50079.5 of the Health
line 37 and Safety Code.
line 38 (3) Moderate incomes, as defined by Section 50093 of the Health
line 39 and Safety Code.
98
— 4 — AB 1258 B-4
line 1 (4) Above moderate incomes are those exceeding the
line 2 moderate-income level of Section 50093 of the Health and Safety
line 3 Code.
line 4 (g) Notwithstanding any other provision of law, determinations
line 5 made by the department, a council of governments, or a city or
line 6 county pursuant to this section or Section 65584.01, 65584.02,
line 7 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08
line 8 are exempt from the California Environmental Quality Act
line 9 (Division 13 (commencing with Section 21000) of the Public
line 10 Resources Code).
line 11 SEC. 2. Section 65584.01 of the Government Code is amended
line 12 to read:
line 13 65584.01. For the fourth and subsequent revision of the housing
line 14 element pursuant to Section 65588, the department, in consultation
line 15 with each council of governments, where applicable, shall
line 16 determine the existing and projected need for housing for each
line 17 region in the following manner:
line 18 (a) The department’s determination shall be based upon
line 19 population projections produced by the Department of Finance
line 20 and regional population forecasts used in preparing regional
line 21 transportation plans, in consultation with each council of
line 22 governments. If the total regional population forecast for the
line 23 projection year, developed by the council of governments and used
line 24 for the preparation of the regional transportation plan, is within a
line 25 range of 1.5 percent of the total regional population forecast for
line 26 the projection year by the Department of Finance, then the
line 27 population forecast developed by the council of governments shall
line 28 be the basis from which the department determines the existing
line 29 and projected need for housing in the region. If the difference
line 30 between the total population projected by the council of
line 31 governments and the total population projected for the region by
line 32 the Department of Finance is greater than 1.5 percent, then the
line 33 department and the council of governments shall meet to discuss
line 34 variances in methodology used for population projections and seek
line 35 agreement on a population projection for the region to be used as
line 36 a basis for determining the existing and projected housing need
line 37 for the region. If agreement is not reached, then the population
line 38 projection for the region shall be the population projection for the
line 39 region prepared by the Department of Finance as may be modified
98
AB 1258 — 5 — B-5
line 1 by the department as a result of discussions with the council of
line 2 governments.
line 3 (b) (1) At least 26 months prior to the scheduled revision
line 4 pursuant to Section 65588 and prior to developing the existing and
line 5 projected housing need for a region, the department shall meet and
line 6 consult with the council of governments regarding the assumptions
line 7 and methodology to be used by the department to determine the
line 8 region’s housing needs. The council of governments shall provide
line 9 data assumptions from the council’s projections, including, if
line 10 available, the following data for the region:
line 11 (A) Anticipated household growth associated with projected
line 12 population increases.
line 13 (B) Household size data and trends in household size.
line 14 (C) The percentage of households that are overcrowded and the
line 15 overcrowding rate for a comparable housing market. For purposes
line 16 of this subparagraph:
line 17 (i) The term “overcrowded” means more than one resident per
line 18 room in each room in a dwelling.
line 19 (ii) The term “overcrowded rate for a comparable housing
line 20 market” means that the overcrowding rate is no more than the
line 21 average overcrowding rate in comparable regions throughout the
line 22 nation, as determined by the council of governments.
line 23 (D) The rate of household formation, or headship rates, based
line 24 on age, gender, ethnicity, or other established demographic
line 25 measures.
line 26 (E) The vacancy rates in existing housing stock, and the vacancy
line 27 rates for healthy housing market functioning and regional mobility,
line 28 as well as housing replacement needs. For purposes of this
line 29 subparagraph, the vacancy rate for a healthy rental housing market
line 30 shall be considered no less than 5 percent.
line 31 (F) Other characteristics of the composition of the projected
line 32 population.
line 33 (G) The relationship between jobs and housing, including any
line 34 imbalance between jobs and housing.
line 35 (H) The percentage of households that are cost burdened and
line 36 the rate of housing cost burden for a healthy housing market. For
line 37 the purposes of this subparagraph:
line 38 (i) The term “cost burdened” means the share of very low, low-,
line 39 moderate-, and above moderate-income households that are paying
line 40 more than 30 percent of household income on housing costs.
98
— 6 — AB 1258 B-6
line 1 (ii) The term “rate of housing cost burden for a healthy housing
line 2 market” means that the rate of households that are cost burdened
line 3 is no more than the average rate of households that are cost
line 4 burdened in comparable regions throughout the nation, as
line 5 determined by the council of governments.
line 6 (I) The loss of units during a state of emergency that was
line 7 declared by the Governor pursuant to the California Emergency
line 8 Services Act (Chapter 7 (commencing with Section 8550) of
line 9 Division 1 of Title 2), during the planning period immediately
line 10 preceding the relevant revision pursuant to Section 65588 that
line 11 have yet to be rebuilt or replaced at the time of the data request.
line 12 (2) The department may accept or reject the information
line 13 provided by the council of governments or modify its own
line 14 assumptions or methodology based on this information. After
line 15 consultation with the council of governments, the department shall
line 16 make determinations in writing on the assumptions for each of the
line 17 factors listed in subparagraphs (A) to (I), inclusive, of paragraph
line 18 (1) and the methodology it shall use and shall provide these
line 19 determinations to the council of governments. The methodology
line 20 submitted by the department may make adjustments based on the
line 21 region’s total projected households, which includes existing
line 22 households as well as projected households.
line 23 (c) (1) After consultation with the council of governments, the
line 24 department shall make a determination of the region’s existing
line 25 and projected housing need based upon the assumptions and
line 26 methodology determined pursuant to subdivision (b). The region’s
line 27 existing and projected housing need shall reflect the achievement
line 28 of a feasible balance between jobs and housing within the region
line 29 using the regional employment projections in the applicable
line 30 regional transportation plan. Within 30 days following notice of
line 31 the determination from the department, the council of governments
line 32 may file an objection to the department’s determination of the
line 33 region’s existing and projected housing need with the department.
line 34 (2) The objection shall be based on and substantiate either of
line 35 the following:
line 36 (A) The department failed to base its determination on the
line 37 population projection for the region established pursuant to
line 38 subdivision (a), and shall identify the population projection which
line 39 the council of governments believes should instead be used for the
line 40 determination and explain the basis for its rationale.
98
AB 1258 — 7 — B-7
line 1 (B) The regional housing need determined by the department
line 2 is not a reasonable application of the methodology and assumptions
line 3 determined pursuant to subdivision (b). The objection shall include
line 4 a proposed alternative determination of its regional housing need
line 5 based upon the determinations made in subdivision (b), including
line 6 analysis of why the proposed alternative would be a more
line 7 reasonable application of the methodology and assumptions
line 8 determined pursuant to subdivision (b).
line 9 (3) If a council of governments files an objection pursuant to
line 10 this subdivision and includes with the objection a proposed
line 11 alternative determination of its regional housing need, it shall also
line 12 include documentation of its basis for the alternative determination.
line 13 Within 45 days of receiving an objection filed pursuant to this
line 14 section, the department shall consider the objection and make a
line 15 final written determination of the region’s existing and projected
line 16 housing need that includes an explanation of the information upon
line 17 which the determination was made.
line 18 (4) The final written determination of the region’s existing and
line 19 projected housing need, pursuant to paragraph (3), shall be subject
line 20 to judicial review pursuant to Section 1085 of the Code of Civil
line 21 Procedure. Such action shall be brought by the council of
line 22 governments.
line 23 (d) Statutory changes enacted after the date the department
line 24 issued a final determination pursuant to this section shall not be a
line 25 basis for a revision of the final determination.
line 26 SECTION 1. Section 65584 of the Government Code is
line 27 amended to read:
line 28 65584. (a) (1) For the fourth and subsequent revisions of the
line 29 housing element pursuant to Section 65588, the department shall
line 30 determine the existing and projected need for housing for each
line 31 region pursuant to this article. For purposes of subdivision (a) of
line 32 Section 65583, the share of a city or county of the regional housing
line 33 need shall include that share of the housing need of persons at all
line 34 income levels within the area significantly affected by the general
line 35 plan of the city or county.
line 36 (2) It is the intent of the Legislature that cities, counties, and
line 37 cities and counties should undertake all necessary actions to
line 38 encourage, promote, and facilitate the development of housing to
line 39 accommodate the entire regional housing need, and reasonable
line 40 actions should be taken by local and regional governments to
98
— 8 — AB 1258 B-8
line 1 ensure that future housing production meets, at a minimum, the
line 2 regional housing need established for planning purposes. These
line 3 actions shall include applicable reforms and incentives in Section
line 4 65582.1.
line 5 (3) The Legislature finds and declares that insufficient housing
line 6 in job centers hinders the state’s environmental quality and runs
line 7 counter to the state’s environmental goals. In particular, when
line 8 Californians seeking affordable housing are forced to drive longer
line 9 distances to work, an increased amount of greenhouse gases and
line 10 other pollutants is released and puts in jeopardy the achievement
line 11 of the state’s climate goals, as established pursuant to Section
line 12 38566 of the Health and Safety Code, and clean air goals.
line 13 (b) (1) The department, in consultation with each council of
line 14 governments, shall determine each region’s existing and projected
line 15 housing need pursuant to Section 65584.01 at least two years prior
line 16 to the scheduled revision required pursuant to Section 65588. The
line 17 appropriate council of governments, or for cities and counties
line 18 without a council of governments, the department, shall adopt a
line 19 final regional housing need plan that allocates a share of the
line 20 regional housing need to each city, county, or city and county at
line 21 least one year prior to the scheduled revision for the region required
line 22 by Section 65588. The allocation plan prepared by a council of
line 23 governments shall be prepared pursuant to Sections 65584.04 and
line 24 65584.05.
line 25 (2) The final regional housing need plan adopted under
line 26 paragraph (1) by the council of governments or the department,
line 27 as the case may be, shall be subject to judicial review pursuant to
line 28 Section 1094.5 of the Code of Civil Procedure.
line 29 (c) Notwithstanding any other provision of law, the due dates
line 30 for the determinations of the department or for the council of
line 31 governments, respectively, regarding the regional housing need
line 32 may be extended by the department by not more than 60 days if
line 33 the extension will enable access to more recent critical population
line 34 or housing data from a pending or recent release of the United
line 35 States Census Bureau or the Department of Finance. If the due
line 36 date for the determination of the department or the council of
line 37 governments is extended for this reason, the department shall
line 38 extend the corresponding housing element revision deadline
line 39 pursuant to Section 65588 by not more than 60 days.
98
AB 1258 — 9 — B-9
line 1 (d) The regional housing needs allocation plan shall further all
line 2 of the following objectives:
line 3 (1) Increasing the housing supply and the mix of housing types,
line 4 tenure, and affordability in all cities and counties within the region
line 5 in an equitable manner, which shall result in each jurisdiction
line 6 receiving an allocation of units for low- and very low income
line 7 households.
line 8 (2) Promoting infill development and socioeconomic equity,
line 9 the protection of environmental and agricultural resources, the
line 10 encouragement of efficient development patterns, and the
line 11 achievement of the region’s greenhouse gas reductions targets
line 12 provided by the State Air Resources Board pursuant to Section
line 13 65080.
line 14 (3) Promoting an improved intraregional relationship between
line 15 jobs and housing, including an improved balance between the
line 16 number of low-wage jobs and the number of housing units
line 17 affordable to low-wage workers in each jurisdiction.
line 18 (4) Allocating a lower proportion of housing need to an income
line 19 category when a jurisdiction already has a disproportionately high
line 20 share of households in that income category, as compared to the
line 21 countywide distribution of households in that category from the
line 22 most recent American Community Survey.
line 23 (5) Affirmatively furthering fair housing.
line 24 (e) For purposes of this section, “affirmatively furthering fair
line 25 housing” means taking meaningful actions, in addition to
line 26 combating discrimination, that overcome patterns of segregation
line 27 and foster inclusive communities free from barriers that restrict
line 28 access to opportunity based on protected characteristics.
line 29 Specifically, affirmatively furthering fair housing means taking
line 30 meaningful actions that, taken together, address significant
line 31 disparities in housing needs and in access to opportunity, replacing
line 32 segregated living patterns with truly integrated and balanced living
line 33 patterns, transforming racially and ethnically concentrated areas
line 34 of poverty into areas of opportunity, and fostering and maintaining
line 35 compliance with civil rights and fair housing laws.
line 36 (f) For purposes of this section, “household income levels” are
line 37 as determined by the department as of the most recent American
line 38 Community Survey pursuant to the following code sections:
line 39 (1) Very low incomes as defined by Section 50105 of the Health
line 40 and Safety Code.
98
— 10 — AB 1258 B-10
line 1 (2) Lower incomes, as defined by Section 50079.5 of the Health
line 2 and Safety Code.
line 3 (3) Moderate incomes, as defined by Section 50093 of the Health
line 4 and Safety Code.
line 5 (4) Above moderate incomes are those exceeding the
line 6 moderate-income level of Section 50093 of the Health and Safety
line 7 Code.
line 8 (g) Notwithstanding any other provision of law, determinations
line 9 made by the department, a council of governments, or a city or
line 10 county pursuant to this section or Section 65584.01, 65584.02,
line 11 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08
line 12 are exempt from the California Environmental Quality Act
line 13 (Division 13 (commencing with Section 21000) of the Public
line 14 Resources Code).
O
98
AB 1258 — 11 — B-11