CC SR 20220201 E - AB 1445 RHNA Wildfire
CITY COUNCIL MEETING DATE: 02/01/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a letter of support for
Assembly Bill No. 1445 (AB 1445).
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter of support for AB 1445, which would require
that evacuation route capacity, wildfire risk, and other impacts caused by cl imate
change be considered when developing regional housing need allocations
(RHNA).
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 letter in support of AB 1445 (page A-1)
B. Text of AB 1445 (as amended January 3, 2022) (page B-1)
BACKGROUND AND DISCUSSION:
On November 2, 2021, the City Council adopted the City’s 2022 Legislative Platform,
outlining the policy positions of the City.1 The platform includes the support of policies or
programs that allow city and state collaboration on housing production, alongside
sustainable transportation, broadband deployment, and other key infrastructure areas to
support our communities (2022 Legislative Platform, item 1.B.). More broadly, the City is
opposed to legislation that usurps local control and erodes the City’s authority to control
its own affairs (2022 Legislative Platform, item 1.A.).
1 The 2022 Legislative Platform, and a record of the bills the City Council has taken a position on during
the 2021-2022 legislative session, is available at rpvca.gov/LegislationCorner.
1
The Planning and Zoning Law requires each county and city to adopt a general plan for
the physical development of the jurisdiction, including a housing element. Existing law
requires the California Department of Housing and Community Development (HCD) to
determine the existing and projected need for housing for each region (RHNA). Councils
of governments, or subregions, must allocate a share of regional housing need to each
city and county.
Assembly Bill No. 1445 (AB 1445), introduced by Assemblymember Marc Levine (San
Rafael), would require that evacuation route capacity, wildfire risk, and other impacts
caused by climate change be considered when developing RHNA.
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 was
allocated a total of 647 (639 current plus eight remaining from the 5th cycle) housing units
for the 6th cycle of RHNA, which is incorporated into the City’s Draft Housing Element.
The City’s draft plan is currently being prepared and was recently reviewed by HCD.
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). The appeal was denied.
AB 1445 would require the consideration of impacts caused by climate change to be
incorporated in RHNA distribution, including wildfire risk and evacuation risk capacity.
The City has expressed its concerns with wildfire risk and limited egress paths in response
to state-mandated densification bills on multiple occasions. This bill would require the
incorporation of such considerations for ongoing RHNA cycles.
Staff has prepared a draft letter in support of AB 1 445 for the City Council’s consideration
(Attachment A). Given the City Council’s and residents’ interest in this issue, the City
Council’s support of measures which would alter RHNA allocations, and the City’s
position as stated in the 2022 Legislative Platform, Staff recommends the City Council
authorize the Mayor to sign the letter as drafted, or with revisions.
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
February 1, 2022 Via Email
The Honorable Marc Levine
California State Assembly
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0010
SUBJECT: Notice of Support for AB 1445
Dear Assemblymember Levine:
The City of Rancho Palos Verdes supports AB 1445, which would require that
evacuation route capacity, wildfire risk, and other impacts caused by climate change be
considered when developing regional housing need allocations.
In local land use planning and zoning, there are many factors that must be considered.
The City of Rancho Palos Verdes is located on the Palos Verdes Peninsula, almost
entirely within a Very High Fire Hazard Severity Zone (VHFHSZ). As such, it is vital that
the City maintain its local land use authority to ensure that all developments meet all
safety standards and that related traffic changes do not have undue influence on egress
paths especially during an evacuation.
As drafted, this bill will grant considerations for cities that may not have land suitable or
available to meet RHNA allocations and ensure public safety in the event of a climate
change-related disaster.
As California continues to look to the future in housing development, this bill grants
desperately needed considerations of wildfire risk and evacuation capacity when
evaluating RHNA allocations. For these reasons, the City of Rancho Palos Verdes
supports AB 1445.
A-1
Assemblymember Levine
February 1, 2022
Page 2
Sincerely,
David L. Bradley
Mayor, City of Rancho Palos Verdes
cc: Mike McGuire, Chair, Senate Governance and Finance Committee
Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assemblymember, 66th State 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 and City Manager
A-2
AMENDED IN ASSEMBLY JANUARY 3, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1445
Introduced by Assembly Member Levine
February 19, 2021
An act to amend amend, repeal, and add Sections 65584.04 and
65584.06 of the Government Code, relating to housing.
legislative counsel’s digest
AB 1445, as amended, Levine. Planning and zoning: regional housing
need allocation: climate change impacts.
The Planning and Zoning Law requires each county and 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 mandatory elements, a housing element. For the
4th and subsequent revisions of the housing element, existing law
requires the Department of Housing and Community Development to
determine the existing and projected need for housing for each region.
Existing law requires the appropriate council of governments, or the
department 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 that the final regional housing plan
adopted by a council of governments, or a delegate subregion, as
applicable, be based on a methodology that includes specified factors,
and similarly requires that the department take into consideration
specified factors in distributing regional housing need, as provided.
This
98 B-1
Commencing January 1, 2025, this bill would require that a council
of governments, a delegate subregion, or the department, as applicable,
additionally consider among these factors emergency evacuation route
capacity, wildfire risk, sea level rise, and other impacts caused by
climate change. By adding to the duties of local officials in allocating
regional housing need, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65584.04 of the Government Code is
line 2 amended to read:
line 3 65584.04. (a) At least two years before a scheduled revision
line 4 required by Section 65588, each council of governments, or
line 5 delegate subregion as applicable, shall develop, in consultation
line 6 with the department, a proposed methodology for distributing the
line 7 existing and projected regional housing need to cities, counties,
line 8 and cities and counties within the region or within the subregion,
line 9 where applicable pursuant to this section. The methodology shall
line 10 further the objectives listed in subdivision (d) of Section 65584.
line 11 (b) (1) No more than six months before the development of a
line 12 proposed methodology for distributing the existing and projected
line 13 housing need, each council of governments shall survey each of
line 14 its member jurisdictions to request, at a minimum, information
line 15 regarding the factors listed in subdivision (e) that will allow the
line 16 development of a methodology based upon the factors established
line 17 in subdivision (e).
line 18 (2) With respect to the objective in paragraph (5) of subdivision
line 19 (d) of Section 65584, the survey shall review and compile
line 20 information that will allow the development of a methodology
line 21 based upon the issues, strategies, and actions that are included, as
line 22 available, in an Analysis of Impediments to Fair Housing Choice
line 23 or an Assessment of Fair Housing completed by any city or county
98
— 2 — AB 1445 B-2
line 1 or the department that covers communities within the area served
line 2 by the council of governments, and in housing elements adopted
line 3 pursuant to this article by cities and counties within the area served
line 4 by the council of governments.
line 5 (3) The council of governments shall seek to obtain the
line 6 information in a manner and format that is comparable throughout
line 7 the region and utilize readily available data to the extent possible.
line 8 (4) The information provided by a local government pursuant
line 9 to this section shall be used, to the extent possible, by the council
line 10 of governments, or delegate subregion as applicable, as source
line 11 information for the methodology developed pursuant to this section.
line 12 The survey shall state that none of the information received may
line 13 be used as a basis for reducing the total housing need established
line 14 for the region pursuant to Section 65584.01.
line 15 (5) If the council of governments fails to conduct a survey
line 16 pursuant to this subdivision, a city, county, or city and county may
line 17 submit information related to the items listed in subdivision (e)
line 18 before the public comment period provided for in subdivision (d).
line 19 (c) The council of governments shall electronically report the
line 20 results of the survey of fair housing issues, strategies, and actions
line 21 compiled pursuant to paragraph (2) of subdivision (b). The report
line 22 shall describe common themes and effective strategies employed
line 23 by cities and counties within the area served by the council of
line 24 governments, including common themes and effective strategies
line 25 around avoiding the displacement of lower income households.
line 26 The council of governments shall also identify significant barriers
line 27 to affirmatively furthering fair housing at the regional level and
line 28 may recommend strategies or actions to overcome those barriers.
line 29 A council of governments or metropolitan planning organization,
line 30 as appropriate, may use this information for any other purpose,
line 31 including publication within a regional transportation plan adopted
line 32 pursuant to Section 65080 or to inform the land use assumptions
line 33 that are applied in the development of a regional transportation
line 34 plan.
line 35 (d) Public participation and access shall be required in the
line 36 development of the methodology and in the process of drafting
line 37 and adoption of the allocation of the regional housing needs.
line 38 Participation by organizations other than local jurisdictions and
line 39 councils of governments shall be solicited in a diligent effort to
line 40 achieve public participation of all economic segments of the
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AB 1445 — 3 — B-3
line 1 community as well as members of protected classes under Section
line 2 12955. The proposed methodology, along with any relevant
line 3 underlying data and assumptions, an explanation of how
line 4 information about local government conditions gathered pursuant
line 5 to subdivision (b) has been used to develop the proposed
line 6 methodology, how each of the factors listed in subdivision (e) is
line 7 incorporated into the methodology, and how the proposed
line 8 methodology furthers the objectives listed in subdivision (e) (d)
line 9 of Section 65584, shall be distributed to all cities, counties, any
line 10 subregions, and members of the public who have made a written
line 11 or electronic request for the proposed methodology and published
line 12 on the council of governments’, or delegate subregion’s, internet
line 13 website. The council of governments, or delegate subregion, as
line 14 applicable, shall conduct at least one public hearing to receive oral
line 15 and written comments on the proposed methodology.
line 16 (e) To the extent that sufficient data is available from local
line 17 governments pursuant to subdivision (b) or other sources, each
line 18 council of governments, or delegate subregion as applicable, shall
line 19 include the following factors to develop the methodology that
line 20 allocates regional housing needs:
line 21 (1) Each member jurisdiction’s existing and projected jobs and
line 22 housing relationship. This shall include an estimate based on
line 23 readily available data on the number of low-wage jobs within the
line 24 jurisdiction and how many housing units within the jurisdiction
line 25 are affordable to low-wage workers as well as an estimate based
line 26 on readily available data, of projected job growth and projected
line 27 household growth by income level within each member jurisdiction
line 28 during the planning period.
line 29 (2) The opportunities and constraints to development of
line 30 additional housing in each member jurisdiction, including all of
line 31 the following:
line 32 (A) Lack of capacity for sewer or water service due to federal
line 33 or state laws, regulations or regulatory actions, or supply and
line 34 distribution decisions made by a sewer or water service provider
line 35 other than the local jurisdiction that preclude the jurisdiction from
line 36 providing necessary infrastructure for additional development
line 37 during the planning period.
line 38 (B) The availability of land suitable for urban development or
line 39 for conversion to residential use, the availability of underutilized
line 40 land, and opportunities for infill development and increased
98
— 4 — AB 1445 B-4
line 1 residential densities. The council of governments may not limit
line 2 its consideration of suitable housing sites or land suitable for urban
line 3 development to existing zoning ordinances and land use restrictions
line 4 of a locality, but shall consider the potential for increased
line 5 residential development under alternative zoning ordinances and
line 6 land use restrictions. The determination of available land suitable
line 7 for urban development may exclude lands where the Federal
line 8 Emergency Management Agency (FEMA) or the Department of
line 9 Water Resources has determined that the flood management
line 10 infrastructure designed to protect that land is not adequate to avoid
line 11 the risk of flooding.
line 12 (C) Lands preserved or protected from urban development under
line 13 existing federal or state programs, or both, designed to protect
line 14 open space, farmland, environmental habitats, and natural resources
line 15 on a long-term basis, including land zoned or designated for
line 16 agricultural protection or preservation that is subject to a local
line 17 ballot measure that was approved by the voters of that jurisdiction
line 18 that prohibits or restricts conversion to nonagricultural uses.
line 19 (D) County policies to preserve prime agricultural land, as
line 20 defined pursuant to Section 56064, within an unincorporated area
line 21 and land within an unincorporated area zoned or designated for
line 22 agricultural protection or preservation that is subject to a local
line 23 ballot measure that was approved by the voters of that jurisdiction
line 24 that prohibits or restricts its conversion to nonagricultural uses.
line 25 (3) The distribution of household growth assumed for purposes
line 26 of a comparable period of regional transportation plans and
line 27 opportunities to maximize the use of public transportation and
line 28 existing transportation infrastructure.
line 29 (4) Agreements between a county and cities in a county to direct
line 30 growth toward incorporated areas of the county and land within
line 31 an unincorporated area zoned or designated for agricultural
line 32 protection or preservation that is subject to a local ballot measure
line 33 that was approved by the voters of the jurisdiction that prohibits
line 34 or restricts conversion to nonagricultural uses.
line 35 (5) The loss of units contained in assisted housing developments,
line 36 as defined in paragraph (9) of subdivision (a) of Section 65583,
line 37 that changed to non-low-income use through mortgage prepayment,
line 38 subsidy contract expirations, or termination of use restrictions.
line 39 (6) The percentage of existing households at each of the income
line 40 levels listed in subdivision (e) (f) of Section 65584 that are paying
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AB 1445 — 5 — B-5
line 1 more than 30 percent and more than 50 percent of their income in
line 2 rent.
line 3 (7) The rate of overcrowding.
line 4 (8) The housing needs of farmworkers.
line 5 (9) The housing needs generated by the presence of a private
line 6 university or a campus of the California State University or the
line 7 University of California within any member jurisdiction.
line 8 (10) The housing needs of individuals and families experiencing
line 9 homelessness. If a council of governments has surveyed each of
line 10 its member jurisdictions pursuant to subdivision (b) on or before
line 11 January 1, 2020, this paragraph shall apply only to the development
line 12 of methodologies for the seventh and subsequent revisions of the
line 13 housing element.
line 14 (11) The loss of units during a state of emergency that was
line 15 declared by the Governor pursuant to the California Emergency
line 16 Services Act (Chapter 7 (commencing with Section 8550) of
line 17 Division 1 of Title 2), during the planning period immediately
line 18 preceding the relevant revision pursuant to Section 65588 that
line 19 have yet to be rebuilt or replaced at the time of the analysis.
line 20 (12) The region’s greenhouse gas emissions targets provided
line 21 by the State Air Resources Board pursuant to Section 65080.
line 22 (13) Emergency evacuation route capacity, wildfire risk, sea
line 23 level rise, and other impacts caused by climate change.
line 24 (14)
line 25 (13) Any other factors adopted by the council of governments,
line 26 that further the objectives listed in subdivision (d) of Section
line 27 65584, provided that the council of governments specifies which
line 28 of the objectives each additional factor is necessary to further. The
line 29 council of governments may include additional factors unrelated
line 30 to furthering the objectives listed in subdivision (d) of Section
line 31 65584 so long as the additional factors do not undermine the
line 32 objectives listed in subdivision (d) of Section 65584 and are applied
line 33 equally across all household income levels as described in
line 34 subdivision (f) of Section 65584 and the council of governments
line 35 makes a finding that the factor is necessary to address significant
line 36 health and safety conditions.
line 37 (f) The council of governments, or delegate subregion, as
line 38 applicable, shall explain in writing how each of the factors
line 39 described in subdivision (e) was incorporated into the methodology
line 40 and how the methodology furthers the objectives listed in
98
— 6 — AB 1445 B-6
line 1 subdivision (d) of Section 65584. The methodology may include
line 2 numerical weighting. This information, and any other supporting
line 3 materials used in determining the methodology, shall be posted
line 4 on the council of governments’, or delegate subregion’s, internet
line 5 website.
line 6 (g) The following criteria shall not be a justification for a
line 7 determination or a reduction in a jurisdiction’s share of the regional
line 8 housing need:
line 9 (1) Any ordinance, policy, voter-approved measure, or standard
line 10 of a city or county that directly or indirectly limits the number of
line 11 residential building permits issued by a city or county.
line 12 (2) Prior underproduction of housing in a city or county from
line 13 the previous regional housing need allocation, as determined by
line 14 each jurisdiction’s annual production report submitted pursuant
line 15 to subparagraph (H) of paragraph (2) of subdivision (a) of Section
line 16 65400.
line 17 (3) Stable population numbers in a city or county from the
line 18 previous regional housing needs cycle.
line 19 (h) Following the conclusion of the public comment period
line 20 described in subdivision (d) on the proposed allocation
line 21 methodology, and after making any revisions deemed appropriate
line 22 by the council of governments, or delegate subregion, as applicable,
line 23 as a result of comments received during the public comment period,
line 24 and as a result of consultation with the department, each council
line 25 of governments, or delegate subregion, as applicable, shall publish
line 26 a draft allocation methodology on its internet website and submit
line 27 the draft allocation methodology, along with the information
line 28 required pursuant to subdivision (e), to the department.
line 29 (i) Within 60 days, the department shall review the draft
line 30 allocation methodology and report its written findings to the
line 31 council of governments, or delegate subregion, as applicable. In
line 32 its written findings the department shall determine whether the
line 33 methodology furthers the objectives listed in subdivision (d) of
line 34 Section 65584. If the department determines that the methodology
line 35 is not consistent with subdivision (d) of Section 65584, the council
line 36 of governments, or delegate subregion, as applicable, shall take
line 37 one of the following actions:
line 38 (1) Revise the methodology to further the objectives listed in
line 39 subdivision (d) of Section 65584 and adopt a final regional, or
line 40 subregional, housing need allocation methodology.
98
AB 1445 — 7 — B-7
line 1 (2) Adopt the regional, or subregional, housing need allocation
line 2 methodology without revisions and include within its resolution
line 3 of adoption findings, supported by substantial evidence, as to why
line 4 the council of governments, or delegate subregion, believes that
line 5 the methodology furthers the objectives listed in subdivision (d)
line 6 of Section 65584 despite the findings of the department.
line 7 (j) If the department’s findings are not available within the time
line 8 limits set by subdivision (i), the council of governments, or delegate
line 9 subregion, may act without them.
line 10 (k) Upon either action pursuant to subdivision (i), the council
line 11 of governments, or delegate subregion, shall provide notice of the
line 12 adoption of the methodology to the jurisdictions within the region,
line 13 or delegate subregion, as applicable, and to the department, and
line 14 shall publish the adopted allocation methodology, along with its
line 15 resolution and any adopted written findings, on its internet website.
line 16 (l) The department may, within 90 days, review the adopted
line 17 methodology and report its findings to the council of governments,
line 18 or delegate subregion.
line 19 (m) (1) It is the intent of the Legislature that housing planning
line 20 be coordinated and integrated with the regional transportation plan.
line 21 To achieve this goal, the allocation plan shall allocate housing
line 22 units within the region consistent with the development pattern
line 23 included in the sustainable communities strategy.
line 24 (2) The final allocation plan shall ensure that the total regional
line 25 housing need, by income category, as determined under Section
line 26 65584, is maintained, and that each jurisdiction in the region
line 27 receive an allocation of units for low- and very low income
line 28 households.
line 29 (3) The resolution approving the final housing need allocation
line 30 plan shall demonstrate that the plan is consistent with the
line 31 sustainable communities strategy in the regional transportation
line 32 plan and furthers the objectives listed in subdivision (d) of Section
line 33 65584.
line 34 (n) This section shall remain in effect only until January 1, 2025,
line 35 and as of that date is repealed.
line 36 SEC. 2. Section 65584.04 is added to the Government Code,
line 37 to read:
line 38 65584.04. (a) At least two years before a scheduled revision
line 39 required by Section 65588, each council of governments, or
line 40 delegate subregion as applicable, shall develop, in consultation
98
— 8 — AB 1445 B-8
line 1 with the department, a proposed methodology for distributing the
line 2 existing and projected regional housing need to cities, counties,
line 3 and cities and counties within the region or within the subregion,
line 4 where applicable pursuant to this section. The methodology shall
line 5 further the objectives listed in subdivision (d) of Section 65584.
line 6 (b) (1) No more than six months before the development of a
line 7 proposed methodology for distributing the existing and projected
line 8 housing need, each council of governments shall survey each of
line 9 its member jurisdictions to request, at a minimum, information
line 10 regarding the factors listed in subdivision (e) that will allow the
line 11 development of a methodology based upon the factors established
line 12 in subdivision (e).
line 13 (2) With respect to the objective in paragraph (5) of subdivision
line 14 (d) of Section 65584, the survey shall review and compile
line 15 information that will allow the development of a methodology
line 16 based upon the issues, strategies, and actions that are included,
line 17 as available, in an Analysis of Impediments to Fair Housing Choice
line 18 or an Assessment of Fair Housing completed by any city or county
line 19 or the department that covers communities within the area served
line 20 by the council of governments, and in housing elements adopted
line 21 pursuant to this article by cities and counties within the area served
line 22 by the council of governments.
line 23 (3) The council of governments shall seek to obtain the
line 24 information in a manner and format that is comparable throughout
line 25 the region and utilize readily available data to the extent possible.
line 26 (4) The information provided by a local government pursuant
line 27 to this section shall be used, to the extent possible, by the council
line 28 of governments, or delegate subregion as applicable, as source
line 29 information for the methodology developed pursuant to this section.
line 30 The survey shall state that none of the information received may
line 31 be used as a basis for reducing the total housing need established
line 32 for the region pursuant to Section 65584.01.
line 33 (5) If the council of governments fails to conduct a survey
line 34 pursuant to this subdivision, a city, county, or city and county may
line 35 submit information related to the items listed in subdivision (e)
line 36 before the public comment period provided for in subdivision (d).
line 37 (c) The council of governments shall electronically report the
line 38 results of the survey of fair housing issues, strategies, and actions
line 39 compiled pursuant to paragraph (2) of subdivision (b). The report
line 40 shall describe common themes and effective strategies employed
98
AB 1445 — 9 — B-9
line 1 by cities and counties within the area served by the council of
line 2 governments, including common themes and effective strategies
line 3 around avoiding the displacement of lower income households.
line 4 The council of governments shall also identify significant barriers
line 5 to affirmatively furthering fair housing at the regional level and
line 6 may recommend strategies or actions to overcome those barriers.
line 7 A council of governments or metropolitan planning organization,
line 8 as appropriate, may use this information for any other purpose,
line 9 including publication within a regional transportation plan adopted
line 10 pursuant to Section 65080 or to inform the land use assumptions
line 11 that are applied in the development of a regional transportation
line 12 plan.
line 13 (d) Public participation and access shall be required in the
line 14 development of the methodology and in the process of drafting
line 15 and adoption of the allocation of the regional housing needs.
line 16 Participation by organizations other than local jurisdictions and
line 17 councils of governments shall be solicited in a diligent effort to
line 18 achieve public participation of all economic segments of the
line 19 community as well as members of protected classes under Section
line 20 12955. The proposed methodology, along with any relevant
line 21 underlying data and assumptions, an explanation of how
line 22 information about local government conditions gathered pursuant
line 23 to subdivision (b) has been used to develop the proposed
line 24 methodology, how each of the factors listed in subdivision (e) is
line 25 incorporated into the methodology, and how the proposed
line 26 methodology furthers the objectives listed in subdivision (d) of
line 27 Section 65584, shall be distributed to all cities, counties, any
line 28 subregions, and members of the public who have made a written
line 29 or electronic request for the proposed methodology and published
line 30 on the council of governments’, or delegate subregion’s, internet
line 31 website. The council of governments, or delegate subregion, as
line 32 applicable, shall conduct at least one public hearing to receive
line 33 oral and written comments on the proposed methodology.
line 34 (e) To the extent that sufficient data is available from local
line 35 governments pursuant to subdivision (b) or other sources, each
line 36 council of governments, or delegate subregion as applicable, shall
line 37 include the following factors to develop the methodology that
line 38 allocates regional housing needs:
line 39 (1) Each member jurisdiction’s existing and projected jobs and
line 40 housing relationship. This shall include an estimate based on
98
— 10 — AB 1445 B-10
line 1 readily available data on the number of low-wage jobs within the
line 2 jurisdiction and how many housing units within the jurisdiction
line 3 are affordable to low-wage workers as well as an estimate based
line 4 on readily available data, of projected job growth and projected
line 5 household growth by income level within each member jurisdiction
line 6 during the planning period.
line 7 (2) The opportunities and constraints to development of
line 8 additional housing in each member jurisdiction, including all of
line 9 the following:
line 10 (A) Lack of capacity for sewer or water service due to federal
line 11 or state laws, regulations or regulatory actions, or supply and
line 12 distribution decisions made by a sewer or water service provider
line 13 other than the local jurisdiction that preclude the jurisdiction from
line 14 providing necessary infrastructure for additional development
line 15 during the planning period.
line 16 (B) The availability of land suitable for urban development or
line 17 for conversion to residential use, the availability of underutilized
line 18 land, and opportunities for infill development and increased
line 19 residential densities. The council of governments may not limit its
line 20 consideration of suitable housing sites or land suitable for urban
line 21 development to existing zoning ordinances and land use restrictions
line 22 of a locality, but shall consider the potential for increased
line 23 residential development under alternative zoning ordinances and
line 24 land use restrictions. The determination of available land suitable
line 25 for urban development may exclude lands where the Federal
line 26 Emergency Management Agency (FEMA) or the Department of
line 27 Water Resources has determined that the flood management
line 28 infrastructure designed to protect that land is not adequate to
line 29 avoid the risk of flooding.
line 30 (C) Lands preserved or protected from urban development under
line 31 existing federal or state programs, or both, designed to protect
line 32 open space, farmland, environmental habitats, and natural
line 33 resources on a long-term basis, including land zoned or designated
line 34 for agricultural protection or preservation that is subject to a local
line 35 ballot measure that was approved by the voters of that jurisdiction
line 36 that prohibits or restricts conversion to nonagricultural uses.
line 37 (D) County policies to preserve prime agricultural land, as
line 38 defined pursuant to Section 56064, within an unincorporated area
line 39 and land within an unincorporated area zoned or designated for
line 40 agricultural protection or preservation that is subject to a local
98
AB 1445 — 11 — B-11
line 1 ballot measure that was approved by the voters of that jurisdiction
line 2 that prohibits or restricts its conversion to nonagricultural uses.
line 3 (E) Emergency evacuation route capacity, wildfire risk, sea
line 4 level rise, and other impacts caused by climate change.
line 5 (3) The distribution of household growth assumed for purposes
line 6 of a comparable period of regional transportation plans and
line 7 opportunities to maximize the use of public transportation and
line 8 existing transportation infrastructure.
line 9 (4) Agreements between a county and cities in a county to direct
line 10 growth toward incorporated areas of the county and land within
line 11 an unincorporated area zoned or designated for agricultural
line 12 protection or preservation that is subject to a local ballot measure
line 13 that was approved by the voters of the jurisdiction that prohibits
line 14 or restricts conversion to nonagricultural uses.
line 15 (5) The loss of units contained in assisted housing developments,
line 16 as defined in paragraph (9) of subdivision (a) of Section 65583,
line 17 that changed to non-low-income use through mortgage prepayment,
line 18 subsidy contract expirations, or termination of use restrictions.
line 19 (6) The percentage of existing households at each of the income
line 20 levels listed in subdivision (f) of Section 65584 that are paying
line 21 more than 30 percent and more than 50 percent of their income
line 22 in rent.
line 23 (7) The rate of overcrowding.
line 24 (8) The housing needs of farmworkers.
line 25 (9) The housing needs generated by the presence of a private
line 26 university or a campus of the California State University or the
line 27 University of California within any member jurisdiction.
line 28 (10) The housing needs of individuals and families experiencing
line 29 homelessness. If a council of governments has surveyed each of
line 30 its member jurisdictions pursuant to subdivision (b) on or before
line 31 January 1, 2020, this paragraph shall apply only to the
line 32 development of methodologies for the seventh and subsequent
line 33 revisions of the housing element.
line 34 (11) The loss of units during a state of emergency that was
line 35 declared by the Governor pursuant to the California Emergency
line 36 Services Act (Chapter 7 (commencing with Section 8550) of
line 37 Division 1 of Title 2), during the planning period immediately
line 38 preceding the relevant revision pursuant to Section 65588 that
line 39 have yet to be rebuilt or replaced at the time of the analysis.
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line 1 (12) The region’s greenhouse gas emissions targets provided
line 2 by the State Air Resources Board pursuant to Section 65080.
line 3 (13) Any other factors adopted by the council of governments,
line 4 that further the objectives listed in subdivision (d) of Section 65584,
line 5 provided that the council of governments specifies which of the
line 6 objectives each additional factor is necessary to further. The
line 7 council of governments may include additional factors unrelated
line 8 to furthering the objectives listed in subdivision (d) of Section
line 9 65584 so long as the additional factors do not undermine the
line 10 objectives listed in subdivision (d) of Section 65584 and are applied
line 11 equally across all household income levels as described in
line 12 subdivision (f) of Section 65584 and the council of governments
line 13 makes a finding that the factor is necessary to address significant
line 14 health and safety conditions.
line 15 (f) The council of governments, or delegate subregion, as
line 16 applicable, shall explain in writing how each of the factors
line 17 described in subdivision (e) was incorporated into the methodology
line 18 and how the methodology furthers the objectives listed in
line 19 subdivision (d) of Section 65584. The methodology may include
line 20 numerical weighting. This information, and any other supporting
line 21 materials used in determining the methodology, shall be posted
line 22 on the council of governments’, or delegate subregion’s, internet
line 23 website.
line 24 (g) The following criteria shall not be a justification for a
line 25 determination or a reduction in a jurisdiction’s share of the
line 26 regional housing need:
line 27 (1) Any ordinance, policy, voter-approved measure, or standard
line 28 of a city or county that directly or indirectly limits the number of
line 29 residential building permits issued by a city or county.
line 30 (2) Prior underproduction of housing in a city or county from
line 31 the previous regional housing need allocation, as determined by
line 32 each jurisdiction’s annual production report submitted pursuant
line 33 to subparagraph (H) of paragraph (2) of subdivision (a) of Section
line 34 65400.
line 35 (3) Stable population numbers in a city or county from the
line 36 previous regional housing needs cycle.
line 37 (h) Following the conclusion of the public comment period
line 38 described in subdivision (d) on the proposed allocation
line 39 methodology, and after making any revisions deemed appropriate
line 40 by the council of governments, or delegate subregion, as
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line 1 applicable, as a result of comments received during the public
line 2 comment period, and as a result of consultation with the
line 3 department, each council of governments, or delegate subregion,
line 4 as applicable, shall publish a draft allocation methodology on its
line 5 internet website and submit the draft allocation methodology,
line 6 along with the information required pursuant to subdivision (e),
line 7 to the department.
line 8 (i) Within 60 days, the department shall review the draft
line 9 allocation methodology and report its written findings to the
line 10 council of governments, or delegate subregion, as applicable. In
line 11 its written findings the department shall determine whether the
line 12 methodology furthers the objectives listed in subdivision (d) of
line 13 Section 65584. If the department determines that the methodology
line 14 is not consistent with subdivision (d) of Section 65584, the council
line 15 of governments, or delegate subregion, as applicable, shall take
line 16 one of the following actions:
line 17 (1) Revise the methodology to further the objectives listed in
line 18 subdivision (d) of Section 65584 and adopt a final regional, or
line 19 subregional, housing need allocation methodology.
line 20 (2) Adopt the regional, or subregional, housing need allocation
line 21 methodology without revisions and include within its resolution
line 22 of adoption findings, supported by substantial evidence, as to why
line 23 the council of governments, or delegate subregion, believes that
line 24 the methodology furthers the objectives listed in subdivision (d)
line 25 of Section 65584 despite the findings of the department.
line 26 (j) If the department’s findings are not available within the time
line 27 limits set by subdivision (i), the council of governments, or delegate
line 28 subregion, may act without them.
line 29 (k) Upon either action pursuant to subdivision (i), the council
line 30 of governments, or delegate subregion, shall provide notice of the
line 31 adoption of the methodology to the jurisdictions within the region,
line 32 or delegate subregion, as applicable, and to the department, and
line 33 shall publish the adopted allocation methodology, along with its
line 34 resolution and any adopted written findings, on its internet website.
line 35 (l) The department may, within 90 days, review the adopted
line 36 methodology and report its findings to the council of governments,
line 37 or delegate subregion.
line 38 (m) (1) It is the intent of the Legislature that housing planning
line 39 be coordinated and integrated with the regional transportation
line 40 plan. To achieve this goal, the allocation plan shall allocate
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line 1 housing units within the region consistent with the development
line 2 pattern included in the sustainable communities strategy.
line 3 (2) The final allocation plan shall ensure that the total regional
line 4 housing need, by income category, as determined under Section
line 5 65584, is maintained, and that each jurisdiction in the region
line 6 receive an allocation of units for low- and very low income
line 7 households.
line 8 (3) The resolution approving the final housing need allocation
line 9 plan shall demonstrate that the plan is consistent with the
line 10 sustainable communities strategy in the regional transportation
line 11 plan and furthers the objectives listed in subdivision (d) of Section
line 12 65584.
line 13 (n) This section shall become operative on January 1, 2025.
line 14 SEC. 2.
line 15 SEC. 3. Section 65584.06 of the Government Code is amended
line 16 to read:
line 17 65584.06. (a) For cities and counties without a council of
line 18 governments, the department shall determine and distribute the
line 19 existing and projected housing need, in accordance with Section
line 20 65584 and this section. If the department determines that a county
line 21 or counties, supported by a resolution adopted by the board or
line 22 boards of supervisors, and a majority of cities within the county
line 23 or counties representing a majority of the population of the county
line 24 or counties, possess the capability and resources and has agreed
line 25 to accept the responsibility, with respect to its jurisdiction, for the
line 26 distribution of the regional housing need, the department shall
line 27 delegate this responsibility to the cities and county or counties.
line 28 (b) The distribution of regional housing need shall, based upon
line 29 available data and in consultation with the cities and counties, take
line 30 into consideration market demand for housing, the distribution of
line 31 household growth within the county assumed in the regional
line 32 transportation plan where applicable, employment opportunities
line 33 and commuting patterns, the availability of suitable sites and public
line 34 facilities, the needs of individuals and families experiencing
line 35 homelessness, agreements between a county and cities in a county
line 36 to direct growth toward incorporated areas of the county,
line 37 emergency evacuation route capacity, wildfire risk, sea level rise,
line 38 and other impacts caused by climate change, or other considerations
line 39 as may be requested by the affected cities or counties and agreed
line 40 to by the department. As part of the allocation of the regional
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line 1 housing need, the department shall provide each city and county
line 2 with data describing the assumptions and methodology used in
line 3 calculating its share of the regional housing need. Consideration
line 4 of suitable housing sites or land suitable for urban development is
line 5 not limited to existing zoning ordinances and land use restrictions
line 6 of a locality, but shall include consideration of the potential for
line 7 increased residential development under alternative zoning
line 8 ordinances and land use restrictions. The determination of available
line 9 land suitable for urban development may exclude lands where the
line 10 Federal Emergency Management Agency (FEMA) or the
line 11 Department of Water Resources has determined that the flood
line 12 management infrastructure designed to protect that land is not
line 13 adequate to avoid the risk of flooding.
line 14 (c) Within 90 days following the department’s determination
line 15 of a draft distribution of the regional housing need to the cities and
line 16 the county, a city or county may propose to revise the determination
line 17 of its share of the regional housing need in accordance with criteria
line 18 set forth in the draft distribution. The proposed revised share shall
line 19 be based upon comparable data available for all affected
line 20 jurisdictions, and accepted planning methodology, and shall be
line 21 supported by adequate documentation.
line 22 (d) (1) Within 60 days after the end of the 90-day time period
line 23 for the revision by the cities or county, the department shall accept
line 24 the proposed revision, modify its earlier determination, or indicate
line 25 why the proposed revision is inconsistent with the regional housing
line 26 need.
line 27 (2) If the department does not accept the proposed revision,
line 28 then, within 30 days, the city or county may request a public
line 29 hearing to review the determination.
line 30 (3) The city or county shall be notified within 30 days by
line 31 certified mail, return receipt requested, of at least one public
line 32 hearing regarding the determination.
line 33 (4) The date of the hearing shall be at least 10 but not more than
line 34 15 days from the date of the notification.
line 35 (5) Before making its final determination, the department shall
line 36 consider all comments received and shall include a written response
line 37 to each request for revision received from a city or county.
line 38 (e) If the department accepts the proposed revision or modifies
line 39 its earlier determination, the city or county shall use that share. If
line 40 the department grants a revised allocation pursuant to subdivision
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line 1 (d), the department shall ensure that the total regional housing
line 2 need is maintained. The department’s final determination shall be
line 3 in writing and shall include information explaining how its action
line 4 is consistent with this section. If the department indicates that the
line 5 proposed revision is inconsistent with the regional housing need,
line 6 the city or county shall use the share that was originally determined
line 7 by the department. The department, within its final determination,
line 8 may adjust the allocation of a city or county that was not the subject
line 9 of a request for revision of the draft distribution.
line 10 (f) The department shall issue a final regional housing need
line 11 allocation for all cities and counties within 45 days of the
line 12 completion of the local review period.
line 13 (g) Statutory changes enacted after the date the department
line 14 issued a final determination pursuant to this section shall not be a
line 15 basis for a revision of the final determination.
line 16 (h) This section shall remain in effect only until January 1, 2025,
line 17 and as of that date is repealed.
line 18 SEC. 4. Section 65584.06 is added to the Government Code,
line 19 to read:
line 20 65584.06. (a) For cities and counties without a council of
line 21 governments, the department shall determine and distribute the
line 22 existing and projected housing need, in accordance with Section
line 23 65584 and this section. If the department determines that a county
line 24 or counties, supported by a resolution adopted by the board or
line 25 boards of supervisors, and a majority of cities within the county
line 26 or counties representing a majority of the population of the county
line 27 or counties, possess the capability and resources and has agreed
line 28 to accept the responsibility, with respect to its jurisdiction, for the
line 29 distribution of the regional housing need, the department shall
line 30 delegate this responsibility to the cities and county or counties.
line 31 (b) The distribution of regional housing need shall, based upon
line 32 available data and in consultation with the cities and counties,
line 33 take into consideration market demand for housing, the distribution
line 34 of household growth within the county assumed in the regional
line 35 transportation plan where applicable, employment opportunities
line 36 and commuting patterns, the availability of suitable sites and public
line 37 facilities, the needs of individuals and families experiencing
line 38 homelessness, agreements between a county and cities in a county
line 39 to direct growth toward incorporated areas of the county,
line 40 emergency evacuation route capacity, wildfire risk, sea level rise,
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AB 1445 — 17 — B-17
line 1 and other impacts caused by climate change, or other
line 2 considerations as may be requested by the affected cities or
line 3 counties and agreed to by the department. As part of the allocation
line 4 of the regional housing need, the department shall provide each
line 5 city and county with data describing the assumptions and
line 6 methodology used in calculating its share of the regional housing
line 7 need. Consideration of suitable housing sites or land suitable for
line 8 urban development is not limited to existing zoning ordinances
line 9 and land use restrictions of a locality, but shall include
line 10 consideration of the potential for increased residential development
line 11 under alternative zoning ordinances and land use restrictions. The
line 12 determination of available land suitable for urban development
line 13 may exclude lands where the Federal Emergency Management
line 14 Agency (FEMA) or the Department of Water Resources has
line 15 determined that the flood management infrastructure designed to
line 16 protect that land is not adequate to avoid the risk of flooding.
line 17 (c) Within 90 days following the department’s determination of
line 18 a draft distribution of the regional housing need to the cities and
line 19 the county, a city or county may propose to revise the determination
line 20 of its share of the regional housing need in accordance with
line 21 criteria set forth in the draft distribution. The proposed revised
line 22 share shall be based upon comparable data available for all
line 23 affected jurisdictions, and accepted planning methodology, and
line 24 shall be supported by adequate documentation.
line 25 (d) (1) Within 60 days after the end of the 90-day time period
line 26 for the revision by the cities or county, the department shall accept
line 27 the proposed revision, modify its earlier determination, or indicate
line 28 why the proposed revision is inconsistent with the regional housing
line 29 need.
line 30 (2) If the department does not accept the proposed revision,
line 31 then, within 30 days, the city or county may request a public
line 32 hearing to review the determination.
line 33 (3) The city or county shall be notified within 30 days by
line 34 certified mail, return receipt requested, of at least one public
line 35 hearing regarding the determination.
line 36 (4) The date of the hearing shall be at least 10 but not more
line 37 than 15 days from the date of the notification.
line 38 (5) Before making its final determination, the department shall
line 39 consider all comments received and shall include a written
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line 1 response to each request for revision received from a city or
line 2 county.
line 3 (e) If the department accepts the proposed revision or modifies
line 4 its earlier determination, the city or county shall use that share.
line 5 If the department grants a revised allocation pursuant to
line 6 subdivision (d), the department shall ensure that the total regional
line 7 housing need is maintained. The department’s final determination
line 8 shall be in writing and shall include information explaining how
line 9 its action is consistent with this section. If the department indicates
line 10 that the proposed revision is inconsistent with the regional housing
line 11 need, the city or county shall use the share that was originally
line 12 determined by the department. The department, within its final
line 13 determination, may adjust the allocation of a city or county that
line 14 was not the subject of a request for revision of the draft
line 15 distribution.
line 16 (f) The department shall issue a final regional housing need
line 17 allocation for all cities and counties within 45 days of the
line 18 completion of the local review period.
line 19 (g) Statutory changes enacted after the date the department
line 20 issued a final determination pursuant to this section shall not be
line 21 a basis for a revision of the final determination.
line 22 (h) This section shall become operative on January 1, 2025.
line 23 SEC. 3.
line 24 SEC. 5. No reimbursement is required by this act pursuant to
line 25 Section 6 of Article XIIIB of the California Constitution because
line 26 a local agency or school district has the authority to levy service
line 27 charges, fees, or assessments sufficient to pay for the program or
line 28 level of service mandated by this act, within the meaning of Section
line 29 17556 of the Government Code.
O
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