AB 1398: Planning and zoning: housing element: rezoning of sites: prohousing local policies.

(1)Existing law, the Planning and Zoning Law, requires a 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 things, a housing element. Existing law requires the county or city to submit its proposed and adopted housing element and any amendment of its housing element to the Department of Housing and Community Development, and requires the department to determine whether that housing element or amendment substantially complies with specified law, as provided.

Existing law requires that the housing element include, among other things, an inventory of land suitable and available for residential development. If the inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as provided, existing law requires that the local government rezone sites within specified time periods. If the local government fails to adopt a housing element within 120 days of the applicable statutory deadline, existing law requires that the local government (A) complete this rezoning no later than 3 years and 120 days from the statutory deadline for the adoption of the housing element and (B) revise its housing element every 4 years until the local government has adopted at least 2 consecutive revisions by the statutory deadline.

This bill would require a local government that fails to adopt a housing element that the Department of Housing and Community Development has found to be in substantial compliance with state law within 120 days of the statutory deadline to complete this rezoning no later than one year from the statutory deadline for the adoption of the housing element. The bill would prohibit a jurisdiction that adopts a housing element more than one year after the statutory deadline from being found in substantial compliance, as described above, until required rezoning is completed, as specified. The bill would also specify that the above-described requirement for the local government to revise its housing element every 4 years applies until the due date for the 6th revision of the housing element and that adoption of a 6th revision housing element that is found to be in substantial compliance satisfies any obligation to adopt a 4-year housing element.

By adding to the duties of local planning officials with respect to rezoning sites, this bill would impose a state-mandated local program.

(2)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.

(3)This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 1304 to be operative only if this bill and AB 1304 are enacted and this bill is enacted last.

(4)This bill would incorporate additional changes to Section 65583.2 of the Government Code proposed by AB 1304 to be operative only if this bill and AB 1304 are enacted and this bill is enacted last.