Planning and Zoning Law: housing elements.

Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law requires the planning agency of a city or county to provide an annual report to the Department of Housing and Community Development by April 1 of each year that includes, among other information, a housing element portion that includes, as provided, the city or county's progress in meeting its share of regional housing needs and local efforts to remove governmental constraints on the maintenance, improvement, and development of housing, as specified; the net number of new units of housing; and data from a sample of projects, selected by the planning agency, that were approved to receive a density bonus from the city or county. This bill would require the planning agency to additionally include in its annual report the number of all new housing units, the number of housing units demolished, and data from all projects approved to receive a density bonus from the city or county, as specified. The bill would authorize the Department of Housing and Community Development to request corrections to the housing element portion of an annual report, as specified. The bill would require the planning agency to make the requested corrections within 30 days, and would authorize the department to reject the housing element portion of an annual report if the report is not in substantial compliance with these requirements. If the department rejects the housing element portion of an annual report, the bill would require the department to provide the reasons for the rejection in writing, as specified. By imposing additional duties on the city or county planning agency, this bill would create a state-mandated local program. Existing law requires the department to notify a city, county, or city and county, and authorizes the department to notify the Attorney General, that a city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws. This bill would additionally authorize the department to notify a city, county, city and county, or the Attorney General when the planning agency of a city, county, or city and county fails to comply with the provision that requires the above annual report, as specified. This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 1743, AB 2011, and AB 2094, to be operative only if this bill and AB 1743, AB 2011, AB 2094, or any combination thereof, are enacted and this bill is enacted last, as provided. This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 2011 and AB 2097 to be operative only if this bill and either or both AB 2011 and AB 2097 are enacted and this bill is enacted last, as provided. 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 specified reasons.