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California Government Code Section 65584.06

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(a) For cities and counties without a council of
governments, the department shall determine and distribute the
existing and projected housing need, in accordance with Section 65584
and this section. If the department determines that a county or
counties, supported by a resolution adopted by the board or boards of
supervisors, and a majority of cities within the county or counties
representing a majority of the population of the county or counties,
possess the capability and resources and has agreed to accept the
responsibility, with respect to its jurisdiction, for the
distribution of the regional housing need, the department shall
delegate this responsibility to the cities and county or counties.
   (b) The distribution of regional housing need shall, based upon
available data and in consultation with the cities and counties, take
into consideration market demand for housing, the distribution of
household growth within the county assumed in the regional
transportation plan where applicable, employment opportunities and
commuting patterns, the availability of suitable sites and public
facilities, agreements between a county and cities in a county to
direct growth toward incorporated areas of the county, or other
considerations as may be requested by the affected cities or counties
and agreed to by the department. As part of the allocation of the
regional housing need, the department shall provide each city and
county with data describing the assumptions and methodology used in
calculating its share of the regional housing need. Consideration of
suitable housing sites or land suitable for urban development is not
limited to existing zoning ordinances and land use restrictions of a
locality, but shall include consideration of the potential for
increased residential development under alternative zoning ordinances
and land use restrictions. The determination of available land
suitable for urban development may exclude lands where the Federal
Emergency Management Agency (FEMA) or the Department of Water
Resources has determined that the flood management infrastructure
designed to protect that land is not adequate to avoid the risk of
flooding.
   (c) Within 90 days following the department's determination of a
draft distribution of the regional housing need to the cities and the
county, a city or county may propose to revise the determination of
its share of the regional housing need in accordance with criteria
set forth in the draft distribution. The proposed revised share shall
be based upon comparable data available for all affected
jurisdictions, and accepted planning methodology, and shall be
supported by adequate documentation.
   (d) (1) Within 60 days after the end of the 90-day time period for
the revision by the cities or county, the department shall accept
the proposed revision, modify its earlier determination, or indicate
why the proposed revision is inconsistent with the regional housing
need.
   (2) If the department does not accept the proposed revision, then,
within 30 days, the city or county may request a public hearing to
review the determination.
   (3) The city or county shall be notified within 30 days by
certified mail, return receipt requested, of at least one public
hearing regarding the determination.
   (4) The date of the hearing shall be at least 10 but not more than
15 days from the date of the notification.
   (5) Before making its final determination, the department shall
consider all comments received and shall include a written response
to each request for revision received from a city or county.
   (e) If the department accepts the proposed revision or modifies
its earlier determination, the city or county shall use that share.
If the department grants a revised allocation pursuant to subdivision
(d), the department shall ensure that the total regional housing
need is maintained. The department's final determination shall be in
writing and shall include information explaining how its action is
consistent with this section. If the department indicates that the
proposed revision is inconsistent with the regional housing need, the
city or county shall use the share that was originally determined by
the department. The department, within its final determination, may
adjust the allocation of a city or county that was not the subject of
a request for revision of the draft distribution.
   (f) The department shall issue a final regional housing need
allocation for all cities and counties within 45 days of the
completion of the local review period.

Last modified: January 12, 2009