CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 405Introduced by Senator CorteseFebruary 09, 2023 An act to add Section 65583.3.1 to the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTSB 405, as introduced, Cortese. Planning and zoning: housing element: inventory of sites: regional housing need.Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes specified mandatory elements, including a housing element. Existing law also establishes a planning agency in each city and each county with the powers necessary to carry out the Planning and Zoning Law. Existing law requires the housing element to include, among other things, an inventory of land suitable and available for residential development. Existing law requires a county or city to submit each revision or amendment of its housing element to the Department of Housing and Community Development promptly following adoption of the revision or amendment and requires the department, within 90 days, to review the adopted housing element or amendment and report its findings to the planning agency.Existing law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified. Existing law requires the appropriate council of governments, or for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Existing law requires a city or county to determine whether each site in its inventory of land can accommodate the development of some portion of its share of the regional housing need, as provided.This bill, for a housing element or amendment adopted as part of the seventh planning period, would require the planning agency to provide notice to the owner of a site included in the above-described inventory that the site is included in that inventory, if the owners identity and contact information is known, as specified. If the site owner notifies the planning agency or the department that the owner does not intend to develop at least 80% of the number of units for the site, determined as described above, during the current planning period, the bill would provide that the site would not be considered a site that can be developed to meet the jurisdictions share of the regional housing need, except as specified. The bill would require the planning agency to make a reasonable effort to identify an owner and the owners contact information and to determine the intent of the owner to develop the site. The bill would require that the information be an important factor for the department in determining whether the housing element identifies sufficient sites to meet the jurisdiction share of regional housing. The bill would require the department to amend specified standards, forms, and definitions to implement these provisions.By adding duties of local officials, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65583.3.1 is added to the Government Code, to read:65583.3.1. (a) (1) For a housing element or amendment adopted as part of the seventh planning period, if the owners identity and contact information is known, the planning agency shall provide to an owner of a site included in the inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) Section 65583.1 notice that the site is included in the inventory and a link to where the inventory can be found on the local governments internet website, at the same time the planning agency makes its first draft revision available for public comment pursuant to subdivision (b) of Section 65585.(2) A planning agency shall make a reasonable effort to identify an owner, described in paragraph (1), and obtain the owners contact information.(b) If before the department reports its findings pursuant to subdivision (h) of Section 65585, an owner, described in subdivision (a), notifies the planning agency or the department that the owner does not intend to develop at least 80 percent of the number of units for the site determined pursuant to subdivision (c) of Section 65583.2 during the current planning period, except for the number of units specified in the notification, the site shall not be considered a site that can be developed to meet the jurisdictions share of the regional housing needs.(c) (1) A planning agency shall make a reasonable effort to determine the intent of an owner, described in subdivision (a), to develop the site and if any developer is interested in developing the site.(2) The information in paragraph (1) shall be an important factor in the departments determination whether the housing element identifies sufficient sites to meet the jurisdictions share of the regional housing need pursuant to Section 65884.(d) The department shall amend the standards, forms, and definitions described in subdivision (b) of Section 65583.3 to implement this section.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 405Introduced by Senator CorteseFebruary 09, 2023 An act to add Section 65583.3.1 to the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTSB 405, as introduced, Cortese. Planning and zoning: housing element: inventory of sites: regional housing need.Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes specified mandatory elements, including a housing element. Existing law also establishes a planning agency in each city and each county with the powers necessary to carry out the Planning and Zoning Law. Existing law requires the housing element to include, among other things, an inventory of land suitable and available for residential development. Existing law requires a county or city to submit each revision or amendment of its housing element to the Department of Housing and Community Development promptly following adoption of the revision or amendment and requires the department, within 90 days, to review the adopted housing element or amendment and report its findings to the planning agency.Existing law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified. Existing law requires the appropriate council of governments, or for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Existing law requires a city or county to determine whether each site in its inventory of land can accommodate the development of some portion of its share of the regional housing need, as provided.This bill, for a housing element or amendment adopted as part of the seventh planning period, would require the planning agency to provide notice to the owner of a site included in the above-described inventory that the site is included in that inventory, if the owners identity and contact information is known, as specified. If the site owner notifies the planning agency or the department that the owner does not intend to develop at least 80% of the number of units for the site, determined as described above, during the current planning period, the bill would provide that the site would not be considered a site that can be developed to meet the jurisdictions share of the regional housing need, except as specified. The bill would require the planning agency to make a reasonable effort to identify an owner and the owners contact information and to determine the intent of the owner to develop the site. The bill would require that the information be an important factor for the department in determining whether the housing element identifies sufficient sites to meet the jurisdiction share of regional housing. The bill would require the department to amend specified standards, forms, and definitions to implement these provisions.By adding duties of local officials, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 405
Introduced by Senator CorteseFebruary 09, 2023
Introduced by Senator Cortese
February 09, 2023
An act to add Section 65583.3.1 to the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 405, as introduced, Cortese. Planning and zoning: housing element: inventory of sites: regional housing need.
Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes specified mandatory elements, including a housing element. Existing law also establishes a planning agency in each city and each county with the powers necessary to carry out the Planning and Zoning Law. Existing law requires the housing element to include, among other things, an inventory of land suitable and available for residential development. Existing law requires a county or city to submit each revision or amendment of its housing element to the Department of Housing and Community Development promptly following adoption of the revision or amendment and requires the department, within 90 days, to review the adopted housing element or amendment and report its findings to the planning agency.Existing law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified. Existing law requires the appropriate council of governments, or for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Existing law requires a city or county to determine whether each site in its inventory of land can accommodate the development of some portion of its share of the regional housing need, as provided.This bill, for a housing element or amendment adopted as part of the seventh planning period, would require the planning agency to provide notice to the owner of a site included in the above-described inventory that the site is included in that inventory, if the owners identity and contact information is known, as specified. If the site owner notifies the planning agency or the department that the owner does not intend to develop at least 80% of the number of units for the site, determined as described above, during the current planning period, the bill would provide that the site would not be considered a site that can be developed to meet the jurisdictions share of the regional housing need, except as specified. The bill would require the planning agency to make a reasonable effort to identify an owner and the owners contact information and to determine the intent of the owner to develop the site. The bill would require that the information be an important factor for the department in determining whether the housing element identifies sufficient sites to meet the jurisdiction share of regional housing. The bill would require the department to amend specified standards, forms, and definitions to implement these provisions.By adding duties of local officials, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes specified mandatory elements, including a housing element. Existing law also establishes a planning agency in each city and each county with the powers necessary to carry out the Planning and Zoning Law. Existing law requires the housing element to include, among other things, an inventory of land suitable and available for residential development. Existing law requires a county or city to submit each revision or amendment of its housing element to the Department of Housing and Community Development promptly following adoption of the revision or amendment and requires the department, within 90 days, to review the adopted housing element or amendment and report its findings to the planning agency.
Existing law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified. Existing law requires the appropriate council of governments, or for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Existing law requires a city or county to determine whether each site in its inventory of land can accommodate the development of some portion of its share of the regional housing need, as provided.
This bill, for a housing element or amendment adopted as part of the seventh planning period, would require the planning agency to provide notice to the owner of a site included in the above-described inventory that the site is included in that inventory, if the owners identity and contact information is known, as specified. If the site owner notifies the planning agency or the department that the owner does not intend to develop at least 80% of the number of units for the site, determined as described above, during the current planning period, the bill would provide that the site would not be considered a site that can be developed to meet the jurisdictions share of the regional housing need, except as specified. The bill would require the planning agency to make a reasonable effort to identify an owner and the owners contact information and to determine the intent of the owner to develop the site. The bill would require that the information be an important factor for the department in determining whether the housing element identifies sufficient sites to meet the jurisdiction share of regional housing. The bill would require the department to amend specified standards, forms, and definitions to implement these provisions.
By adding duties of local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 65583.3.1 is added to the Government Code, to read:65583.3.1. (a) (1) For a housing element or amendment adopted as part of the seventh planning period, if the owners identity and contact information is known, the planning agency shall provide to an owner of a site included in the inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) Section 65583.1 notice that the site is included in the inventory and a link to where the inventory can be found on the local governments internet website, at the same time the planning agency makes its first draft revision available for public comment pursuant to subdivision (b) of Section 65585.(2) A planning agency shall make a reasonable effort to identify an owner, described in paragraph (1), and obtain the owners contact information.(b) If before the department reports its findings pursuant to subdivision (h) of Section 65585, an owner, described in subdivision (a), notifies the planning agency or the department that the owner does not intend to develop at least 80 percent of the number of units for the site determined pursuant to subdivision (c) of Section 65583.2 during the current planning period, except for the number of units specified in the notification, the site shall not be considered a site that can be developed to meet the jurisdictions share of the regional housing needs.(c) (1) A planning agency shall make a reasonable effort to determine the intent of an owner, described in subdivision (a), to develop the site and if any developer is interested in developing the site.(2) The information in paragraph (1) shall be an important factor in the departments determination whether the housing element identifies sufficient sites to meet the jurisdictions share of the regional housing need pursuant to Section 65884.(d) The department shall amend the standards, forms, and definitions described in subdivision (b) of Section 65583.3 to implement this section.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 65583.3.1 is added to the Government Code, to read:65583.3.1. (a) (1) For a housing element or amendment adopted as part of the seventh planning period, if the owners identity and contact information is known, the planning agency shall provide to an owner of a site included in the inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) Section 65583.1 notice that the site is included in the inventory and a link to where the inventory can be found on the local governments internet website, at the same time the planning agency makes its first draft revision available for public comment pursuant to subdivision (b) of Section 65585.(2) A planning agency shall make a reasonable effort to identify an owner, described in paragraph (1), and obtain the owners contact information.(b) If before the department reports its findings pursuant to subdivision (h) of Section 65585, an owner, described in subdivision (a), notifies the planning agency or the department that the owner does not intend to develop at least 80 percent of the number of units for the site determined pursuant to subdivision (c) of Section 65583.2 during the current planning period, except for the number of units specified in the notification, the site shall not be considered a site that can be developed to meet the jurisdictions share of the regional housing needs.(c) (1) A planning agency shall make a reasonable effort to determine the intent of an owner, described in subdivision (a), to develop the site and if any developer is interested in developing the site.(2) The information in paragraph (1) shall be an important factor in the departments determination whether the housing element identifies sufficient sites to meet the jurisdictions share of the regional housing need pursuant to Section 65884.(d) The department shall amend the standards, forms, and definitions described in subdivision (b) of Section 65583.3 to implement this section.
SECTION 1. Section 65583.3.1 is added to the Government Code, to read:
### SECTION 1.
65583.3.1. (a) (1) For a housing element or amendment adopted as part of the seventh planning period, if the owners identity and contact information is known, the planning agency shall provide to an owner of a site included in the inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) Section 65583.1 notice that the site is included in the inventory and a link to where the inventory can be found on the local governments internet website, at the same time the planning agency makes its first draft revision available for public comment pursuant to subdivision (b) of Section 65585.(2) A planning agency shall make a reasonable effort to identify an owner, described in paragraph (1), and obtain the owners contact information.(b) If before the department reports its findings pursuant to subdivision (h) of Section 65585, an owner, described in subdivision (a), notifies the planning agency or the department that the owner does not intend to develop at least 80 percent of the number of units for the site determined pursuant to subdivision (c) of Section 65583.2 during the current planning period, except for the number of units specified in the notification, the site shall not be considered a site that can be developed to meet the jurisdictions share of the regional housing needs.(c) (1) A planning agency shall make a reasonable effort to determine the intent of an owner, described in subdivision (a), to develop the site and if any developer is interested in developing the site.(2) The information in paragraph (1) shall be an important factor in the departments determination whether the housing element identifies sufficient sites to meet the jurisdictions share of the regional housing need pursuant to Section 65884.(d) The department shall amend the standards, forms, and definitions described in subdivision (b) of Section 65583.3 to implement this section.
65583.3.1. (a) (1) For a housing element or amendment adopted as part of the seventh planning period, if the owners identity and contact information is known, the planning agency shall provide to an owner of a site included in the inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) Section 65583.1 notice that the site is included in the inventory and a link to where the inventory can be found on the local governments internet website, at the same time the planning agency makes its first draft revision available for public comment pursuant to subdivision (b) of Section 65585.(2) A planning agency shall make a reasonable effort to identify an owner, described in paragraph (1), and obtain the owners contact information.(b) If before the department reports its findings pursuant to subdivision (h) of Section 65585, an owner, described in subdivision (a), notifies the planning agency or the department that the owner does not intend to develop at least 80 percent of the number of units for the site determined pursuant to subdivision (c) of Section 65583.2 during the current planning period, except for the number of units specified in the notification, the site shall not be considered a site that can be developed to meet the jurisdictions share of the regional housing needs.(c) (1) A planning agency shall make a reasonable effort to determine the intent of an owner, described in subdivision (a), to develop the site and if any developer is interested in developing the site.(2) The information in paragraph (1) shall be an important factor in the departments determination whether the housing element identifies sufficient sites to meet the jurisdictions share of the regional housing need pursuant to Section 65884.(d) The department shall amend the standards, forms, and definitions described in subdivision (b) of Section 65583.3 to implement this section.
65583.3.1. (a) (1) For a housing element or amendment adopted as part of the seventh planning period, if the owners identity and contact information is known, the planning agency shall provide to an owner of a site included in the inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) Section 65583.1 notice that the site is included in the inventory and a link to where the inventory can be found on the local governments internet website, at the same time the planning agency makes its first draft revision available for public comment pursuant to subdivision (b) of Section 65585.(2) A planning agency shall make a reasonable effort to identify an owner, described in paragraph (1), and obtain the owners contact information.(b) If before the department reports its findings pursuant to subdivision (h) of Section 65585, an owner, described in subdivision (a), notifies the planning agency or the department that the owner does not intend to develop at least 80 percent of the number of units for the site determined pursuant to subdivision (c) of Section 65583.2 during the current planning period, except for the number of units specified in the notification, the site shall not be considered a site that can be developed to meet the jurisdictions share of the regional housing needs.(c) (1) A planning agency shall make a reasonable effort to determine the intent of an owner, described in subdivision (a), to develop the site and if any developer is interested in developing the site.(2) The information in paragraph (1) shall be an important factor in the departments determination whether the housing element identifies sufficient sites to meet the jurisdictions share of the regional housing need pursuant to Section 65884.(d) The department shall amend the standards, forms, and definitions described in subdivision (b) of Section 65583.3 to implement this section.
65583.3.1. (a) (1) For a housing element or amendment adopted as part of the seventh planning period, if the owners identity and contact information is known, the planning agency shall provide to an owner of a site included in the inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) Section 65583.1 notice that the site is included in the inventory and a link to where the inventory can be found on the local governments internet website, at the same time the planning agency makes its first draft revision available for public comment pursuant to subdivision (b) of Section 65585.
(2) A planning agency shall make a reasonable effort to identify an owner, described in paragraph (1), and obtain the owners contact information.
(b) If before the department reports its findings pursuant to subdivision (h) of Section 65585, an owner, described in subdivision (a), notifies the planning agency or the department that the owner does not intend to develop at least 80 percent of the number of units for the site determined pursuant to subdivision (c) of Section 65583.2 during the current planning period, except for the number of units specified in the notification, the site shall not be considered a site that can be developed to meet the jurisdictions share of the regional housing needs.
(c) (1) A planning agency shall make a reasonable effort to determine the intent of an owner, described in subdivision (a), to develop the site and if any developer is interested in developing the site.
(2) The information in paragraph (1) shall be an important factor in the departments determination whether the housing element identifies sufficient sites to meet the jurisdictions share of the regional housing need pursuant to Section 65884.
(d) The department shall amend the standards, forms, and definitions described in subdivision (b) of Section 65583.3 to implement this section.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
### SEC. 2.