David Alvarez
- Democratic
- Assemblymember
- District 80
Author
(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city's or county's preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, existing law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. This bill would provide that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment, the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law, and the department's compliance findings have not been superseded by subsequent contrary findings by the department or by a decision of a court of competent jurisdiction or the court's decision has not been overturned or superseded by a subsequent court decision or by statute. The bill would provide that these provisions are declaratory of existing law and do not alter the interpretation of the terms "substantially complies" or "substantial compliance" as set forth in Section 44 of Chapter 1009 of the Statutes of 1984. (2) Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. One set of conditions is that (A) the jurisdiction has adopted a housing element that is in substantial compliance with the Housing Element Law, and (B) the jurisdiction has met or exceeded its share of the regional housing need allocation for the planning period for the income category proposed for the housing development project. Existing law subjects a housing development project only to the ordinances, policies, and standards adopted and in effect when a preliminary application was submitted, except as specified. This bill would require a housing element or amendment to be considered in substantial compliance with the Housing Element Law only if the element or amendment was determined to be in substantial compliance when a preliminary application or complete application was submitted, as specified. The bill would provide that this provision is declaratory of existing law.
Chaptered by Secretary of State - Chapter 267, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 7.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 7.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (June 18). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 3. Page 5313.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 0.) (May 8).
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 24). Re-referred to Com. on APPR.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on L. GOV. (Ayes 7. Noes 0.) (April 10).
From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Referred to Coms. on H. & C.D. and L. GOV.
From printer. May be heard in committee February 22.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1886 | HTML |
| 01/22/24 - Introduced | |
| 04/01/24 - Amended Assembly | |
| 04/15/24 - Amended Assembly | |
| 06/11/24 - Amended Senate | |
| 07/01/24 - Amended Senate | |
| 08/21/24 - Amended Senate | |
| 09/04/24 - Enrolled | |
| 09/19/24 - Chaptered |
| Document | Format |
|---|---|
| 04/08/24- Assembly Housing and Community Development | |
| 04/23/24- Assembly Local Government | |
| 05/06/24- Assembly Appropriations | |
| 05/09/24- ASSEMBLY FLOOR ANALYSIS | |
| 06/13/24- Senate Housing | |
| 08/06/24- Sen. Floor Analyses | |
| 08/24/24- Sen. Floor Analyses | |
| 08/30/24- ASSEMBLY FLOOR ANALYSIS |
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