BILL NUMBER: SB 511	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2015

INTRODUCED BY   Senator Nguyen

                        FEBRUARY 26, 2015

   An act to amend Section  65583   65584.6
 of the Government Code, relating to land use.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 511, as amended, Nguyen. Housing  element. 
 element: affordable housing: County of Orange. 
   The Planning and Zoning Law requires each city, county, or city
and county to prepare and adopt a general plan for its jurisdiction
that contains certain mandatory elements, including a housing
element. That law requires the housing element  to identify,
among other things,   to, among other things, identify
 the existing and projected housing needs of all economic
segments of the  community.   community and to
include an assessment of housing needs and an inventory of resources
and constraints relevant to the meeting of those needs. 

   This bill would make nonsubstantive changes to that law. 

   Existing law authorizes the County of Napa to, until June 30,
2007, meet up to 15% of its existing share of the regional housing
need for lower income households, as defined, by committing funds for
the purpose of constructing affordable housing units in one or more
cities within the county, if specified conditions are met.  

   This bill would recast these provisions and instead authorize the
County of Orange to meet up to 15% of its existing share of the
regional housing need for lower income households, as defined, by
committing funds for the purpose of constructing affordable housing
units in one or more cities within the county, if specified
conditions are met.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Orange. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 65584.6 of the  
Government Code   is amended to read: 
   65584.6.  (a) The County of  Napa   Orange
 may, during its current  and subsequent  housing
element planning  period,   periods, 
identified in Section 65588, meet up to 15 percent of its existing
share of the regional housing need for lower income households, as
defined in  subdivision (e) of  Section 65584, by committing
funds for the purpose of constructing affordable  lower income
 housing units, and constructing those units in one or more
cities within the county, only after all of the following conditions
are met:
   (1) An agreement has been executed between the county and the
receiving city or cities, following a public hearing held by the
county and the receiving city or cities to solicit public comments on
the draft agreement. The agreement shall contain information
sufficient to demonstrate that the county and city or cities have
complied with the requirements of this section and shall also include
the following:
   (A) A plan and schedule for timely construction of dwelling units.

   (B) Site identification by street address for the units to be
developed.
   (C) A statement either that the sites upon which the units will be
developed were identified in the receiving city's housing element as
potential sites for the development of housing for 
lower-income   lower income  households, or that
the units will be developed on previously unidentified sites.
   (D) The number and percentage of the county's 
lower-income   lower income  housing needs
previously  transferred,   transferred to the
  receiving city or cities,  for the appropriate
planning period, pursuant to this section. 
   (E) The number and percentage of the county's lower income housing
needs that will be transferred to the receiving city or cities, for
the appropriate planning period, pursuant to this section. The number
and percentage of the county's lower income housing needs that will
be transferred to the receiving city or cities shall be equal to the
percentage of a project's total development costs that are financed
with county funds. 
   (2) The council of governments that assigned the county's share
receives and approves each proposed agreement to meet a portion of
the county's fair share housing allocation within one or more of the
cities within the county after taking into consideration the criteria
of subdivision (a) of Section 65584. If the council of governments
fails to take action to approve  or disapprove an 
 the  agreement between the county and the receiving city or
cities within 45 days following the receipt of the agreement, the
agreement shall be deemed approved.
   (3) The city or cities in which the units are developed agree not
to count the units towards their share of the region's affordable
housing need.
   (4) The county and the receiving city or cities, based on
substantial evidence on the record, make the following findings:
   (A) Adequate sites with appropriate zoning exist in the receiving
city or cities to accommodate the units to be developed pursuant to
this section. The agreement shall demonstrate that the city or cities
have identified sufficient vacant or underutilized or vacant and
underutilized sites in their housing elements to meet their existing
share of regional housing need, as allocated by the council of
governments pursuant to subdivision  (a)   (b)
 of Section  65584, in addition to the sites needed to
construct the units pursuant to this section.   65584.

   (B) If needed, additional subsidy or financing for the
construction of the units is available.
   (C) The receiving city or cities have housing elements that have
been found by the Department of Housing and Community Development to
be in compliance with this article. 
   (5) If the sites upon which units are to be developed pursuant to
this section were previously identified in the receiving city's
housing element as potential sites for the development of housing
sufficient to accommodate the receiving city's share of the lower
income household need identified in its housing element, then the
receiving city shall have amended its housing element to identify
replacement sites by street address for housing for lower-income
households. Additionally, the Department of Housing and Community
Development shall have received and reviewed the amendment and found
that the city's housing element continues to comply with this
article.  
   (6) 
    (5)  The county and receiving city or cities shall have
completed, and provided to the department, the annual report required
by  subdivision (b)  paragraph (2) of
subdivision (a)  of Section 65400. 
   (7) 
    (6)  For a period of five years after a transfer occurs,
the report required by  subdivision (b)  
paragraph (2) of subdivision (a)  of Section 65400 shall include
information on the status of transferred units, implementation of
the terms and conditions of the transfer agreement, and information
on any dwelling units actually constructed, including the number,
type, location, and affordability requirements. 
   (8) The receiving city demonstrates that it has met, in the
current or previous housing element cycle, at least 20 percent of its
share of the regional need for housing for very low-income
households allocated to the city pursuant to Section 65584. 

   (b) The credit that the county receives pursuant to this
section shall not exceed 40 percent of the number of units that are
affordable to lower income households and constructed and occupied
during the same housing element cycle in unincorporated areas of the
county.  The county shall only receive the credit after the
units have been constructed and occupied. Within 60 days of issuance
of a certificate of occupancy for the units, the county shall inform
the council of governments and the department in writing that a
certificate of occupancy has been issued.
   (c) Concurrent with the review by the council of governments
prescribed by this section, the Department of Housing and Community
Development shall evaluate the agreement to determine whether the
city or cities are in substantial compliance with this section. The
department shall report the results of its evaluation to the county
and city or cities for inclusion in their record of compliance with
this section.
   (d) If at the end of the five-year period identified in
subdivision (c) of Section 65583, any percentage of the regional
share allocation has not been constructed as provided pursuant to
subdivision (a), or, after consultation with the department, the
council of governments determines that the requirements of 
paragraphs (5) and (7)   paragraph (6)  of
subdivision (a) have not been substantially complied with, the
council of governments shall add the unbuilt units to  Napa
County's   the county's  regional share allocation
for the planning period of the next periodic update of the housing
element. 
   (e) Napa County shall not meet a percentage of its share of the
regional share pursuant to subdivision (a) on or after June 30, 2007,
unless a later enacted statute, that is enacted before June 30,
2007, deletes or extends that date. 
   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances that
exist with respect to the County of Orange that justify the enactment
of this act, as recognized in existing law permitting the transfer
of housing funds to cities by the County of Orange in Section
33334.2a of the Health and Safety Code. The County of Orange has a
policy, consistent with state law, of encouraging annexation and
incorporation of already developed areas so as to minimize the role
of the county as a provider of municipal services. This policy has
resulted in a shrinking unincorporated area within the County of
Orange that is available and suitable for development of lower income
housing. In addition, the County's housing funds have decreased by
80 percent since the elimination of redevelopment and large decreases
in federal affordable housing funds. This act is necessary to
support the continuation of the County of Orange's function as a
regional lender while also leveraging limited resources in cities and
the County to maximize the number of low income housing units built
in the County of Orange.  All matter omitted in this version of
the bill appears in the bill as introduced in the Senate, February
26, 2015. (JR11)