Housing Element
Legislative Options

Santa Barbara County welcomes public input regarding our efforts to meet the requirements of state housing law through the Housing Element Update, while at the same time respecting the efforts that have gone into drafting our Community Plans.

Santa Barbara County promotes legislative alternatives to current state housing law that would modify the obligations of qualifying jurisdictions to comply with the state determined regional housing need.

Conflicts persist between the State housing mandate and other important state programs that aim to protect the economic viability of agriculture and preserve the unique rural heritage of large parts of California. Recognizing those conflicts, the Board of Supervisors directed the County Executive Office to work with state assembly and senate members to draft legislation that highlights those conflicts and attempts to provide a solution.

Two bills resulting from this process were considered during the last legislative cycle..

• AB1019 (Blakeslee/Nava)- Annexation Impacting Housing Allocation
  
  This bill passed the state Senate and Assembly and was signed into law by Governor Schwartznegger on July 30, 2007. AB 1019 amends Government Code Section 56668 to establish a new procedure for the transfer a portion of an unincorporated County's share of the State mandated housing allocation for very low, low, moderate, and above moderate priced homes to be adjusted when an annexation occurs.

  Currently, each city and county are assigned a certain number of housing units in various income categories through what is known as the regional housing needs assessment (RHNA) process. The jurisdiction must then act to satisfy this RHNA housing allocation, by both identifying and zoning land which could be developed with units satisfying the affordable housing requirements.

  When the boundary limits of a city shift through annexation, the city can use this newly acquired land to satisfy its housing obligation, but a County cannot. Because the County loses some of its ability to meet its State obligation, while at the same time the annexing city gains land to meet its obligation, a fair adjustment in the housing allocation is appropriate.

  This new law encourages cities and counties to negotiate an adjustment in the housing allocation as part of the regular annexation procedure, which requires the annexing city and county enter into a tax exchange agreement. In the event of an impasse, a regional council of governments (COG), in our county this is the Santa Barbara Council of Governments (SBCAG), can be called upon by either party to mediate a reasonable adjustment in the housing allocation.

• AB1497 (Niello/Maldonado)- Housing Inventory Adjustment for Williamson Act Land
  

  This bill did not make it out of the first year of this two year legislative session and may be considered in the second year of the session.

  The legislative intent of this bill is to ensure that Williamson Act lands are fully considered when determining a county's housing needs. It would amend Government Code Section 65583 to include land under Williamson Act contract as part of the inventory of land not suitable for residential development as well as proposes new language for proportionate reductions to the housing allocations for a county or city in the amount of acres equal to the total number of sites covered by the Williamson Act (Section 65584).
  
  This bill reflects that a County's ability to meet its housing need is tempered and constrained by the amount of lands suitable for development. In particular, the County's extraordinary level of participation in the Williamson Act presents a unique conflict at the local level that is best resolved by amending legislation to balance the dueling intent of the legislature.

CLICK HERE for information about these bills in the 2007-2008 legislative session.

Contact information:

Assemblymember Sam Blakeslee (sponsor of AB 1019)
State Capitol, Room 4117
Sacramento, CA 95814
Phone: 916-319-2033
Fax: 916-319-2133

Assemblymember Roger Niello (sponsor of AB 1497)
State Capitol
Room 6027
Sacramento, CA 94249-0005
Phone: 916-319-2005
Fax: 916-319-2105

Senator Abel Maldonado (cosponsor of AB 1497)
State Capitol
Room 4082
Sacramento, CA 95814
Phone: 916-651-4015
Fax: 916-445-8081

Local Government Committee
Phone: 916-319-3958
Fax: 916-319-3959

Committee members' emails and fax numbers:

Anna M. Caballero - Chair
(916) 319-2028
Assemblymember.Caballero@assembly.ca.gov

Guy S. Houston - Vice Chair
(916) 319-2015
Assemblymember.Houston@assembly.ca.gov

Hector De La Torre
(916) 319-2050
Assemblymember.DeLaTorre@assembly.ca.gov

Sally J. Lieber
(916) 319-2022
Assemblywoman.Lieber@assembly.ca.gov

Lori Saldaña
(916) 319-2076
Assemblymember.Saldana@assembly.ca.gov

Cameron Smyth
(916) 319-2038
Assemblymember.Smyth@assembly.ca.gov

Nell Soto
(916) 319-2061
Assemblymember.Soto@assembly.ca.gov

Public Participation

We are interested in hearing from the community and ask that you send your comments regarding these bills, or any other component of the Housing Element Update process. Click here to submit your comments.

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