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California Government Code Section 65584.05

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(a) At least one and one-half years prior to the
scheduled revision required by Section 65588, each council of
governments and delegate subregion, as applicable, shall distribute a
draft allocation of regional housing needs to each local government
in the region or subregion, where applicable, based on the
methodology adopted pursuant to Section 65584.04. The draft
allocation shall include the underlying data and methodology on which
the allocation is based. It is the intent of the Legislature that
the draft allocation should be distributed prior to the completion of
the update of the applicable regional transportation plan.  The
draft allocation shall distribute to localities and subregions, if
any, within the region the entire regional housing need determined
pursuant to Section 65584.01 or within subregions, as applicable, the
subregion's entire share of the regional housing need determined
pursuant to Section 65584.03.
   (b) Within 60 days following receipt of the draft allocation, a
local government may request from the council of governments or the
delegate subregion, as applicable, a revision of its share of the
regional housing need in accordance with the factors described in
paragraphs (1) to (9), inclusive, of subdivision (d) of Section
65584.04, including any information submitted by the local government
to the council of governments pursuant to subdivision (b) of that
section. The request for a revised share shall be based upon
comparable data available for all affected jurisdictions and accepted
planning methodology, and supported by adequate documentation.
   (c) Within 60 days after the request submitted pursuant to
subdivision (b), the council of governments or delegate subregion, as
applicable, shall accept the proposed revision, modify its earlier
determination, or indicate, based upon the information and
methodology described in Section 65584.04, why the proposed revision
is inconsistent with the regional housing need.
   (d) If the council of governments or delegate subregion, as
applicable, does not accept the proposed revised share or modify the
revised share to the satisfaction of the requesting party, the local
government may appeal its draft allocation based upon either or both
of the following criteria:
   (1) The council of governments or delegate subregion, as
applicable, failed to adequately consider the information submitted
pursuant to subdivision (b) of Section 65584.04, or a significant and
unforeseen change in circumstances has occurred in the local
jurisdiction that merits a revision of the information submitted
pursuant to that subdivision.
   (2) The council of governments or delegate subregion, as
applicable, failed to determine its share of the regional housing
need in accordance with the information described in, and the
methodology established pursuant to Section 65584.04.
   (e) The council of governments or delegate subregion, as
applicable, shall conduct public hearings to hear all appeals within
60 days after the date established to file appeals. The local
government shall be notified within 10 days by certified mail, return
receipt requested, of at least one public hearing on its appeal. The
date of the hearing shall be at least 30 days and not more than 35
days after the date of the notification. Before taking action on an
appeal, the council of governments or delegate subregion, as
applicable, shall consider all comments, recommendations, and
available data based on accepted planning methodologies submitted by
the appellant. The final action of the council of governments or
delegate subregion, as applicable, on an appeal shall be in writing
and shall include information and other evidence explaining how its
action is consistent with this article. The final action on an appeal
may require the council of governments or delegate subregion, as
applicable, to adjust the allocation of a local government that is
not the subject of an appeal.
   (f) The council of governments or delegate subregion, as
applicable, shall issue a proposed final allocation within 45 days
after the completion of the 60-day period for hearing appeals. The
proposed final allocation plan shall include responses to all
comments received on the proposed draft allocation and reasons for
any significant revisions included in the final allocation.
   (g) In the proposed final allocation plan, the council of
governments or delegate subregion, as applicable, shall adjust
allocations to local governments based upon the results of the
revision request process and the appeals process specified in this
section. If the adjustments total 7 percent or less of the regional
housing need determined pursuant to Section 65584.01, or, as
applicable, total 7 percent or less of the subregion's share of the
regional housing need as determined pursuant to Section 65584.03,
then the council of governments or delegate subregion, as applicable,
shall distribute the adjustments proportionally to all local
governments. If the adjustments total more than 7 percent of the
regional housing need, then the council of governments or delegate
subregion, as applicable, shall develop a methodology to distribute
the amount greater than the 7 percent to local governments. In no
event shall the total distribution of housing need equal less than
the regional housing need, as determined pursuant to Section
65584.01, nor shall the subregional distribution of housing need
equal less than its share of the regional housing need as determined
pursuant to Section 65584.03. Two or more local governments may agree
to an alternate distribution of appealed housing allocations between
the affected local governments. If two or more local governments
agree to an alternative distribution of appealed housing allocations
that maintains the total housing need originally assigned to these
communities, then the council of governments shall include the
alternative distribution in the final allocation plan.
   (h) Within 45 days after the issuance of the proposed final
allocation plan by the council of governments and each delegate
subregion, as applicable, the council of governments shall hold a
public hearing to adopt a final allocation plan. To the extent that
the final allocation plan fully allocates the regional share of
statewide housing need, as determined pursuant to Section 65584.01,
the council of governments shall have final authority to determine
the distribution of the region's existing and projected housing need
as determined pursuant to Section 65584.01. Within 60 days after
adoption by the council of governments, the department shall
determine whether or not the final allocation plan is consistent with
the existing and projected housing need for the region, as
determined pursuant to Section 65584.01. The department may revise
the determination of the council of governments if necessary to
obtain this consistency.
   (i) Any authority of the council of governments to review and
revise the share of a city or county of the regional housing need
under this section shall not constitute authority to revise, approve,
or disapprove the manner in which the share of the city or county of
the regional housing need is implemented through its housing
program.

Last modified: January 12, 2009