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California Government Code Section 65585.1

Legal Research Home > California Lawyer > Government Code > California Government Code Section 65585.1

(a) The San Diego Association of Governments (SANDAG), if
it approves a resolution agreeing to participate in the
self-certification process, and in consultation with the cities and
county within its jurisdiction, its housing element advisory
committee, and the department, shall work with a qualified consultant
to determine the maximum number of housing units that can be
constructed, acquired, rehabilitated, and preserved as defined in
paragraph (11) of subdivision (e) of Section 33334.2 of the Health
and Safety Code, and the maximum number of units or households that
can be provided with rental or ownership assistance, by each
jurisdiction during the third and fourth housing element cycles to
meet the existing and future housing needs for low- and very low
income households as defined in Sections 50079.5, 50093, and 50105 of
the Health and Safety Code, and extremely low income households.
The methodology for determining the maximum number of housing units
that can be provided shall include a recognition of financial
resources and regulatory measures that local jurisdictions can use to
provide additional affordable lower income housing.  This process is
intended to identify the available resources that can be used to
determine the maximum number of housing units each jurisdiction can
provide.  The process acknowledges that the need to produce housing
for low-, very low, and extremely low income households may exceed
available resources.  The department and SANDAG, with input from its
housing element advisory committee, the consultant, and local
jurisdictions, shall agree upon definitions for extremely low income
households and their affordable housing costs, the methodology for
the determination of the maximum number of housing units and the
number each jurisdiction can produce at least one year before the due
date of each housing element revision, pursuant to paragraph (4) of
subdivision (e) of Section 65588.  If SANDAG fails to approve a
resolution agreeing to participate in this pilot program, or SANDAG
and the department fail to agree upon the methodology by which the
maximum number of housing units is determined, then local
jurisdictions may not self-certify pursuant to this section.
   (1) The "housing element advisory committee" should include
representatives of the local jurisdictions, nonprofit affordable
housing development corporations and affordable housing advocates,
and representatives of the for-profit building, real estate and
banking industries.
   (2) The determination of the "maximum number of housing units"
that the jurisdiction can provide assumes that the needs for low-,
very low, and extremely low income households, including those with
special housing needs, will be met in approximate proportion to their
representation in the region's population.
   (3) A "qualified consultant" for the purposes of this section
means an expert in the identification of financial resources and
regulatory measures for the provision of affordable housing for lower
income households.
   (b) A city or county within the jurisdiction of the San Diego
Association of Governments that elects not to self-certify, or is
ineligible to do so, shall submit its housing element or amendment to
the department, pursuant to Section 65585.
   (c) A city or county within the jurisdiction of the San Diego
Association of Governments that elects to self-certify shall submit a
self-certification of compliance to the department with its adopted
housing element or amendment.  In order to be eligible to
self-certify, the legislative body, after holding a public hearing,
shall make findings, based on substantial evidence, that it has met
the following criteria for self-certification:
   (1) The jurisdiction's adopted housing element or amendment
substantially complies with the provisions of this article, including
addressing the needs of all income levels.
   (2) For the third housing element revision, pursuant to Section
65588, the jurisdiction met its fair share of the regional housing
needs for the second housing element revision cycle, as determined by
the San Diego Association of Governments.
   In determining whether a jurisdiction has met its fair share, the
jurisdiction may count each additional lower income household
provided with affordable housing costs.  Affordable housing costs are
defined in Section 6918 for renters, and in Section 6925 for
purchasers, of Title 25 of the California Code of Regulations, and in
Sections 50052.5 and 50053 of the Health and Safety Code, or by the
applicable funding source or program.
   (3) For subsequent housing element revisions, pursuant to Section
65588, the jurisdiction has provided the maximum number of housing
units as determined pursuant to subdivision (a), within the previous
planning period.
   (A) The additional units provided at affordable housing costs as
defined in paragraph (2) in satisfaction of a jurisdiction's maximum
number of housing units shall be provided by one or more of the
following means:
   (i) New construction.
   (ii) Acquisition.
   (iii) Rehabilitation.
   (iv) Rental or ownership assistance.
   (v) Preservation of the availability to lower income households of
affordable housing units in developments which are assisted,
subsidized, or restricted by a public entity and which are threatened
with imminent conversion to market rate housing.
   (B) The additional affordable units shall be provided in
approximate proportion to the needs defined in paragraph (2) of
subdivision (a).
   (4) The city or county provides a statement regarding how its
adopted housing element or amendment addresses the dispersion of
lower income housing within its jurisdiction, documenting that
additional affordable housing opportunities will not be developed
only in areas where concentrations of lower income households already
exist, taking into account the availability of necessary public
facilities and infrastructure.
   (5) No local government actions or policies prevent the
development of the identified sites pursuant to Section 65583, or
accommodation of the jurisdiction's share of the total regional
housing need, pursuant to Section 65584.
   (d) When a city or county within the jurisdiction of the San Diego
Association of Governments duly adopts a self-certification of
compliance with its adopted housing element or amendment pursuant to
subdivision (c), all of the following shall apply:
   (1) Section 65585 shall not apply to the city or county.
   (2) In any challenge of a local jurisdiction's self-certification,
the court's review shall be limited to determining whether the
self-certification is accurate and complete as to the criteria for
self-certification.  Where there has not been a successful challenge
of the self-certification, there shall be a rebuttable presumption of
the validity of the housing element or amendment.
   (3) Within six months after the completion of the revision of all
housing elements in the region, the council of governments, with
input from the cities and county within its jurisdiction, the housing
element advisory committee, and qualified consultant shall report to
the Legislature on the use and results of the self-certification
process by local governments within its jurisdiction.  This report
shall contain data for the last planning period regarding the total
number of additional affordable housing units provided by income
category, the total number of additional newly constructed housing
units, and any other information deemed useful by SANDAG in the
evaluation of the pilot program.
   (e) This section shall become inoperative on June 30, 2010, and as
of January 1, 2011, is repealed, unless a later enacted statute that
is enacted before January 1, 2011, deletes or extends the dates on
which it becomes inoperative and is repealed.

Last modified: January 12, 2009