AB 434: Housing element: notice of violation.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-11
Current Status:
Passed
(2023-10-11: Chaptered by Secretary of State - Chapter 740, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill speeds up state review of local housing plans by requiring the Department of Housing and Community Development to report findings on adopted housing elements or amendments within 60 days, affecting city and county planning agencies. It also lets the department notify a city or county — and optionally the Attorney General — when a local planning agency fails to follow various housing and zoning laws, including rules on accessory dwelling units, ministerial approvals, urban lot splits, and other listed housing project standards.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(1)Existing law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Upon adoption of a housing element or amendment to an adopted housing element, existing law requires the planning agency to submit a copy to the Department of Housing and Community Development, as provided, and requires the department to evaluate the adopted housing element or amendment and report its findings to the planning agency within 90 days.
This bill would, instead, require the department to review an adopted housing element or amendment and report its findings to the local planning agency within 60 days.
(2)Existing law, the Planning and Zoning Law, except as provided, requires that a public hearing be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications. That law, for housing development projects that submit a preliminary application prior to January 1, 2030, prohibits a city or county from conducting more than 5 hearings, as defined, held pursuant to these provisions, or any other law, ordinance, or regulation requiring a public hearing, if the proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, as defined.
The Planning and Zoning Law also requires a local agency, pursuant to either local ordinance or statute, to provide for ministerial approval of applications for accessory dwelling units or junior accessory dwelling units in areas zoned for residential use, as specified. That law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit constructed prior to January 1, 2018, except as provided. That law also requires each local agency to allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if specified conditions are met.
The Planning and Zoning Law requires that a proposed housing development containing no more than 2 residential units within a single-family residential zone be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements.
Existing planning and zoning law requires a local agency to ministerially approve a parcel map for an urban lot split if the agency determines the parcel map meets specified criteria, except as provided.
Existing law, the Middle Class Housing Act of 2022, deems a housing development project, as defined, to be an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if specified conditions are met, including requirements relating to density, public notice, comment, hearing, or other procedures, site location and size, consistency with sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce.
Statutory law proposed by SB 4 would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria.
Statutory law proposed by AB 1218 would prohibit an affected city or an affected county, as those terms are defined, from approving a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished.
Statutory law proposed by SB 684 would prohibit a local agency from imposing specified objective zoning standards, objective subdivision standards, or objective design standards on a housing development on a lot that is subdivided, except as provided, would require a local agency to issue a building permit for a housing development project on a proposed site to be subdivided if the applicant for the permit has met specified requirements, and would require a local agency to ministerially approve, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements.
Existing law requires the Department of Housing and Community Development to notify a city, county, or city and county, and authorizes the department to notify the Attorney General, that a city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws.
This bill would additionally authorize the department to notify a city, county, city and county, or the Attorney General when the planning agency of a city, county, or city and county fails to comply with the above-described provisions relating to hearings for specified variances, ministerial approval of applications for accessory dwelling units or junior accessory dwelling units, permitting for unpermitted accessory dwelling units constructed prior to January 1, 2018, sale or conveyance of accessory dwelling units, ministerial approval of proposed housing developments, ministerial approval of parcel maps for urban lot splits, or housing development projects being deemed an allowable use of parcels within a zone where office, retail, or parking are a principally permitted use, as provided. This bill would also authorize the department to make the above-referenced notifications if a city, county, or city and county fails to comply with the above-described provisions relating to a housing development project being a use by right on land owned by an independent institution of higher education or religious institution, as proposed by SB 4; approval of housing development projects that require the demolition of residential dwelling units, as proposed by AB 1218; or the prohibition against imposition of specified objective zoning, subdivision, or design standards, required issuance of a building permit for housing development projects on proposed sites to be subdivided, or required ministerial approval of a parcel map or a tentative and final map for a housing development project that meets specified requirements, as proposed by AB 684.
(1)Existing law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Upon adoption of a housing element or amendment to an adopted housing element, existing law requires the planning agency to submit a copy to the Department of Housing and Community Development, as provided, and requires the department to evaluate the adopted housing element or amendment and report its findings to the planning agency within 90 days.
This bill would, instead, require the department to review an adopted housing element or amendment and report its findings to the local planning agency within 60 days.
(2)Existing law, the Planning and Zoning Law, except as provided, requires that a public hearing be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications. That law, for housing development projects that submit a preliminary application prior to January 1, 2030, prohibits a city or county from conducting more than 5 hearings, as defined, held pursuant to these provisions, or any other law, ordinance, or regulation requiring a public hearing, if the proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, as defined.
The Planning and Zoning Law also requires a local agency, pursuant to either local ordinance or statute, to provide for ministerial approval of applications for accessory dwelling units or junior accessory dwelling units in areas zoned for residential use, as specified. That law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit constructed prior to January 1, 2018, except as provided. That law also requires each local agency to allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if specified conditions are met.
The Planning and Zoning Law requires that a proposed housing development containing no more than 2 residential units within a single-family residential zone be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements.
Existing planning and zoning law requires a local agency to ministerially approve a parcel map for an urban lot split if the agency determines the parcel map meets specified criteria, except as provided.
Existing law, the Middle Class Housing Act of 2022, deems a housing development project, as defined, to be an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if specified conditions are met, including requirements relating to density, public notice, comment, hearing, or other procedures, site location and size, consistency with sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce.
Statutory law proposed by SB 4 would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria.
Statutory law proposed by AB 1218 would prohibit an affected city or an affected county, as those terms are defined, from approving a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished.
Statutory law proposed by SB 684 would prohibit a local agency from imposing specified objective zoning standards, objective subdivision standards, or objective design standards on a housing development on a lot that is subdivided, except as provided, would require a local agency to issue a building permit for a housing development project on a proposed site to be subdivided if the applicant for the permit has met specified requirements, and would require a local agency to ministerially approve, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements.
Existing law requires the Department of Housing and Community Development to notify a city, county, or city and county, and authorizes the department to notify the Attorney General, that a city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws.
This bill would additionally authorize the department to notify a city, county, city and county, or the Attorney General when the planning agency of a city, county, or city and county fails to comply with the above-described provisions relating to hearings for specified variances, ministerial approval of applications for accessory dwelling units or junior accessory dwelling units, permitting for unpermitted accessory dwelling units constructed prior to January 1, 2018, sale or conveyance of accessory dwelling units, ministerial approval of proposed housing developments, ministerial approval of parcel maps for urban lot splits, or housing development projects being deemed an allowable use of parcels within a zone where office, retail, or parking are a principally permitted use, as provided. This bill would also authorize the department to make the above-referenced notifications if a city, county, or city and county fails to comply with the above-described provisions relating to a housing development project being a use by right on land owned by an independent institution of higher education or religious institution, as proposed by SB 4; approval of housing development projects that require the demolition of residential dwelling units, as proposed by AB 1218; or the prohibition against imposition of specified objective zoning, subdivision, or design standards, required issuance of a building permit for housing development projects on proposed sites to be subdivided, or required ministerial approval of a parcel map or a tentative and final map for a housing development project that meets specified requirements, as proposed by AB 684.
(1)Existing law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Upon adoption of a housing element or amendment to an adopted housing element, existing law requires the planning agency to submit a copy to the Department of Housing and Community Development, as provided, and requires the department to evaluate the adopted housing element or amendment and report its findings to the planning agency within 90 days.
This bill would, instead, require the department to review an adopted housing element or amendment and report its findings to the local planning agency within 60 days.
Existing(2)Existing law, the Planning and Zoning Law, except as provided, requires that a public hearing be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications. That law, for housing development projects that submit a preliminary application prior to January 1, 2030, prohibits a city or county from conducting more than 5 hearings, as defined, held pursuant to these provisions, or any other law, ordinance, or regulation requiring a public hearing, if the proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, as defined.
The Planning and Zoning Law also requires a local agency, pursuant to either local ordinance or statute, to provide for ministerial approval of applications for accessory dwelling units or junior accessory dwelling units in areas zoned for residential use, as specified. That law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit constructed prior to January 1, 2018, except as provided. That law also requires each local agency to allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if specified conditions are met.
The Planning and Zoning Law requires that a proposed housing development containing no more than 2 residential units within a single-family residential zone be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements.
Existing planning and zoning law requires a local agency to ministerially approve a parcel map for an urban lot split if the agency determines the parcel map meets specified criteria, except as provided.
Existing law, the Middle Class Housing Act of 2022, deems a housing development project, as defined, to be an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if specified conditions are met, including requirements relating to density, public notice, comment, hearing, or other procedures, site location and size, consistency with sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce.
Statutory law proposed by SB 4 would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria.
Statutory law proposed by AB 1218 would prohibit an affected city or an affected county, as those terms are defined, from approving a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished.
Statutory law proposed by SB 684 would prohibit a local agency from imposing specified objective zoning standards, objective subdivision standards, or objective design standards on a housing development on a lot that is subdivided, except as provided, would require a local agency to issue a building permit for a housing development project on a proposed site to be subdivided if the applicant for the permit has met specified requirements, and would require a local agency to ministerially approve, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements.
Existing law requires the Department of Housing and Community Development to notify a city, county, or city and county, and authorizes the department to notify the Attorney General, that a city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws.
This bill would additionally authorize the department to notify a city, county, city and county, or the Attorney General when the planning agency of a city, county, or city and county fails to comply with the above-described provisions relating to hearings for specified variances, ministerial approval of applications for accessory dwelling units or junior accessory dwelling units, permitting for unpermitted accessory dwelling units constructed prior to January 1, 2018, sale or conveyance of accessory dwelling units, ministerial approval of proposed housing developments, ministerial approval of parcel maps for urban lot splits, or housing development projects being deemed an allowable use of parcels within a zone where office, retail, or parking are a principally permitted use, or a housing development project being a use by right on land owned by an independent institution of higher education or religious institution, as provided. This bill would also authorize the department to make the above-referenced notifications if a city, county, or city and county fails to comply with the above-described provisions relating to a housing development project being a use by right on land owned by an independent institution of higher education or religious institution, as proposed by SB 4; approval of housing development projects that require the demolition of residential dwelling units, as proposed by AB 1218; or the prohibition against imposition of specified objective zoning, subdivision, or design standards, required issuance of a building permit for housing development projects on proposed sites to be subdivided, or required ministerial approval of a parcel map or a tentative and final map for a housing development project that meets specified requirements, as proposed by AB 684.
Existing law, the Planning and Zoning Law, except as provided, requires that a public hearing be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications. That law, for housing development projects that submit a preliminary application prior to January 1, 2030, prohibits a city or county from conducting more than 5 hearings, as defined, held pursuant to these provisions, or any other law, ordinance, or regulation requiring a public hearing, if the proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, as defined.
The Planning and Zoning Law also requires a local agency, pursuant to either local ordinance or statute, to provide for ministerial approval of applications for accessory dwelling units or junior accessory dwelling units in areas zoned for residential use, as specified. That law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit constructed prior to January 1, 2018, except as provided. That law also requires each local agency to allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if specified conditions are met.
The Planning and Zoning Law requires that a proposed housing development containing no more than 2 residential units within a single-family residential zone be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements.
Existing planning and zoning law requires a local agency to ministerially approve a parcel map for an urban lot split if the agency determines the parcel map meets specified criteria, except as provided.
Existing law, the Middle Class Housing Act of 2022, deems a housing development project, as defined, to be an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if specified conditions are met, including requirements relating to density, public notice, comment, hearing, or other procedures, site location and size, consistency with sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce.
Statutory law proposed by SB 4 would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria.
Existing law requires the Department of Housing and Community Development to notify a city, county, or city and county, and authorizes the department to notify the Attorney General, that a city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws.
This bill would additionally authorize the department to notify a city, county, city and county, or the Attorney General when the planning agency of a city, county, or city and county fails to comply with the above-described provisions relating to hearings for specified variances, ministerial approval of applications for accessory dwelling units or junior accessory dwelling units, permitting for unpermitted accessory dwelling units constructed prior to January 1, 2018, sale or conveyance of accessory dwelling units, ministerial approval of proposed housing developments, ministerial approval of parcel maps for urban lot splits, or housing development projects being deemed an allowable use of parcels within a zone where office, retail, or parking are a principally permitted use, or a housing development project being a use by right on land owned by an independent institution of higher education or religious institution, as provided.
Existing law, the Planning and Zoning Law, except as provided, requires that a public hearing be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications. That law, for housing development projects that submit a preliminary application prior to January 1, 2030, prohibits a city or county from conducting more than 5 hearings, as defined, held pursuant to these provisions, or any other law, ordinance, or regulation requiring a public hearing, if the proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, as defined.
The Planning and Zoning Law also requires a local agency, pursuant to either local ordinance or statute, to provide for ministerial approval of applications for accessory dwelling units or junior accessory dwelling units in areas zoned for residential use, as specified. That law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit constructed prior to January 1, 2018, except as provided. That law also requires each local agency to allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if specified conditions are met.
The Planning and Zoning Law requires that a proposed housing development containing no more than 2 residential units within a single-family residential zone be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements.
Existing planning and zoning law requires a local agency to ministerially approve a parcel map for an urban lot split if the agency determines the parcel map meets specified criteria, except as provided.
Existing law, the Middle Class Housing Act of 2022, deems a housing development project, as defined, to be an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if specified conditions are met, including requirements relating to density, public notice, comment, hearing, or other procedures, site location and size, consistency with sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce.
Existing law requires the Department of Housing and Community Development to notify a city, county, or city and county, and authorizes the department to notify the Attorney General, that a city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws.
This bill would additionally authorize the department to notify a city, county, city and county, or the Attorney General when the planning agency of a city, county, or city and county fails to comply with the above-described provision that prohibits holding more than 5 hearings for specified variances. provisions relating to hearings for specified variances, ministerial approval of applications for accessory dwelling units or junior accessory dwelling units, permitting for unpermitted accessory dwelling units constructed prior to January 1, 2018, sale or conveyance of accessory dwelling units, ministerial approval of proposed housing developments, ministerial approval of parcel maps for urban lot splits, or housing development projects being deemed an allowable use of parcels within a zone where office, retail, or parking are a principally permitted use, as provided.
Existing law, the Planning and Zoning Law, except as provided, requires that a public hearing be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications. That law, for housing development projects that submit a preliminary application prior to January 1, 2030, prohibits a city or county from conducting more than 5 hearings, as defined, held pursuant to these provisions, or any other law, ordinance, or regulation requiring a public hearing, if the proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, as defined.
Existing law requires the Department of Housing and Community Development to notify a city, county, or city and county, and authorizes the department to notify the Attorney General, that a city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws.
This bill would additionally authorize the department to notify a city, county, city and county, or the Attorney General when the planning agency of a city, county, or city and county fails to comply with the above-described provision that prohibits holding more than 5 hearings for specified variances.
(a)In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
(b)(1)At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local governments housing element at least seven days before submitting the draft revision to the department.
(2)The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county and provide these comments to each member of the legislative body before it adopts the housing element.
(3)The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c)In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
(d)In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e)Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the departments findings are not available within the time limits set by this section, the legislative body may act without them.
(f)If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)Change the draft element or draft amendment to substantially comply with this article.
(2)Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings that explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h)The department shall, within 60 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i)(1)(A)The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B)If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)Housing Accountability Act (Section 65589.5).
(2)Section 65863.
(3)Chapter 4.3 (commencing with Section 65915).
(4)Section 65008.
(5)Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)Section 8899.50.
(7)Section 65913.4.
(8)Article 11 (commencing with Section 65650).
(9)Article 12 (commencing with Section 65660).
(10)Section 65913.11.
(11)Section 65400.
(12)Section 65863.2.
(13)Chapter 4.1 (commencing with Section 65912.100).
(14)Section 65905.5.
(15)Section 65852.2.
(16)Section 65852.21.
(17)Section 65852.22.
(18)Section 65852.23.
(19)Section 65852.24.
(20)Section 65852.26.
(21)Section 66411.7.
(22)Section 65913.16.
(23)Article 2 (commencing with Section 66300.5) of Chapter 12.
(24)Section 65852.28.
(25)Section 65913.4.5.
(26)Section 66499.41.
(k)Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l)In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1)If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2)If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(B)The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdictions housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the departments determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California.
(4)This subdivision does not limit a courts discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).
(m)In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j), the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
(a)In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
(b)(1)At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local governments housing element at least seven days before submitting the draft revision to the department.
(2)The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county and provide these comments to each member of the legislative body before it adopts the housing element.
(3)The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c)In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
(d)In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e)Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the departments findings are not available within the time limits set by this section, the legislative body may act without them.
(f)If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)Change the draft element or draft amendment to substantially comply with this article.
(2)Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings that explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h)The department shall, within 60 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i)(1)(A)The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B)If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)Housing Accountability Act (Section 65589.5).
(2)Section 65863.
(3)Chapter 4.3 (commencing with Section 65915).
(4)Section 65008.
(5)Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)Section 8899.50.
(7)Section 65913.4.
(8)Article 11 (commencing with Section 65650).
(9)Article 12 (commencing with Section 65660).
(10)Section 65913.11.
(11)Section 65400.
(12)Section 65863.2.
(13)Chapter 4.1 (commencing with Section 65912.100).
(14)Section 65905.5.
(15)Section 65852.2.
(16)Section 65852.21.
(17)Section 65852.22.
(18)Section 65852.23.
(19)Section 65852.24.
(20)Section 65852.26.
(21)Section 66411.7.
(22)Section 65913.16.
(23)Article 2 (commencing with Section 66300.5) of Chapter 12.
(24)Section 65852.28.
(25)Section 65913.4.5.
(26)Section 66499.41.
(k)Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l)In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1)If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2)If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(B)The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdictions housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the departments determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California.
(4)This subdivision does not limit a courts discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).
(m)In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j), the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
(a)In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
(b)(1)At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local governments housing element at least seven days before submitting the draft revision to the department.
(2)The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, county and provide these comments to each member of the legislative body before it adopts the housing element.
(3)The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c)In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
(d)In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e)Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the departments findings are not available within the time limits set by this section, the legislative body may act without them.
(f)If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)Change the draft element or draft amendment to substantially comply with this article.
(2)Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which that explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h)The department shall, within 90 60 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i)(1)(A)The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B)If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)Housing Accountability Act (Section 65589.5).
(2)Section 65863.
(3)Chapter 4.3 (commencing with Section 65915).
(4)Section 65008.
(5)Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)Section 8899.50.
(7)Section 65913.4.
(8)Article 11 (commencing with Section 65650).
(9)Article 12 (commencing with Section 65660).
(10)Section 65913.11.
(11)Section 65400.
(12)Section 65863.2.
(13)Chapter 4.1 (commencing with Section 65912.100).
(14)Section 65905.5.
(15)Section 65852.2.
(16)Section 65852.21.
(17)Section 65852.22.
(18)Section 65852.23.
(19)Section 65852.24.
(20)Section 65852.26.
(21)Section 66411.7.
(22)Section 65913.16.
(23)Article 2 (commencing with Section 66300.5) of Chapter 12.
(24)Section 65852.28.
(25)Section 65913.4.5.
(26)Section 66499.41.
(k)Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l)In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1)If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2)If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(B)The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdictions housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the departments determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California.
(4)This subdivision does not limit a courts discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).
(m)In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j), the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
(a)In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
(b)(1)At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local governments housing element at least seven days before submitting the draft revision to the department.
(2)The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.
(3)The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c)In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
(d)In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e)Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the departments findings are not available within the time limits set by this section, the legislative body may act without them.
(f)If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)Change the draft element or draft amendment to substantially comply with this article.
(2)Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h)The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i)(1)(A)The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B)If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)Housing Accountability Act (Section 65589.5).
(2)Section 65863.
(3)Chapter 4.3 (commencing with Section 65915).
(4)Section 65008.
(5)Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)Section 8899.50.
(7)Section 65913.4.
(8)Article 11 (commencing with Section 65650).
(9)Article 12 (commencing with Section 65660).
(10)Section 65913.11.
(11)Section 65400.
(12)Section 65863.2.
(13)Chapter 4.1 (commencing with Section 65912.100).
(14)Section 65905.5.
(15)Section 65852.2.
(16)Section 65852.21.
(17)Section 65852.22.
(18)Section 65852.23.
(19)Section 65852.24.
(20)Section 65852.26.
(21)Section 66411.7.
(22)Section 65913.16.
(k)Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l)In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1)If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2)If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(B)The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdictions housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the departments determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California.
(4)This subdivision does not limit a courts discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).
(m)In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j), the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
(a)In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
(b)(1)At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local governments housing element at least seven days before submitting the draft revision to the department.
(2)The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.
(3)The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c)In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
(d)In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e)Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the departments findings are not available within the time limits set by this section, the legislative body may act without them.
(f)If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)Change the draft element or draft amendment to substantially comply with this article.
(2)Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h)The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i)(1)(A)The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B)If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)Housing Accountability Act (Section 65589.5).
(2)Section 65863.
(3)Chapter 4.3 (commencing with Section 65915).
(4)Section 65008.
(5)Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)Section 8899.50.
(7)Section 65913.4.
(8)Article 11 (commencing with Section 65650).
(9)Article 12 (commencing with Section 65660).
(10)Section 65913.11.
(11)Section 65400.
(12)Section 65863.2.
(13)Chapter 4.1 (commencing with Section 65912.100).
(14)Section 65905.5.
(15)Section 65852.2.
(16)Section 65852.21.
(17)Section 65852.22.
(18)Section 65852.23.
(19)Section 65852.24.
(20)Section 65852.26.
(21)Section 66411.7.
(k)Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l)In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1)If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2)If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(B)The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdictions housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the departments determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California.
(4)This subdivision does not limit a courts discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).
(m)In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) (j), the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
(a)In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
(b)(1)At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local governments housing element at least seven days before submitting the draft revision to the department.
(2)The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.
(3)The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
(c)In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
(d)In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
(e)Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the departments findings are not available within the time limits set by this section, the legislative body may act without them.
(f)If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)Change the draft element or draft amendment to substantially comply with this article.
(2)Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h)The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency.
(i)(1)(A)The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B)If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)Housing Accountability Act (Section 65589.5).
(2)Section 65863.
(3)Chapter 4.3 (commencing with Section 65915).
(4)Section 65008.
(5)Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)Section 8899.50.
(7)Section 65913.4.
(8)Article 11 (commencing with Section 65650).
(9)Article 12 (commencing with Section 65660).
(10)Section 65913.11.
(11)Section 65400.
(12)Section 65863.2.
(13)Chapter 4.1 (commencing with Section 65912.100).
(14)Section 65905.5.
(k)Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l)In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1)If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2)If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdictions failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(B)The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdictions housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the departments determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California.
(4)This subdivision does not limit a courts discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).
(m)In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
|
Date
|
Status
|
|---|---|
| Oct 11, 2023 | Chaptered by Secretary of State - Chapter 740, Statutes of 2023. |
| Oct 11, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 11. Page 3382.). |
| Sep 12, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 7. Page 2643.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 8, 2023 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | From committee: Do pass. (Ayes 5. Noes 2.) (September 1). |
| Aug 14, 2023 | In committee: Referred to APPR suspense file. |
| Jul 12, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 11, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 10). |
| Jun 14, 2023 | Referred to Com. on HOUSING. |
| Jun 1, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 1. Page 1978.) |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 11. Noes 1.) (May 18). |
| May 10, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 20, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 19). Re-referred to Com. on APPR. |
| Mar 29, 2023 | From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 0.) (March 29). Re-referred to Com. on L. GOV. |
| Mar 20, 2023 | Re-referred to Com. on H. & C.D. |
| Mar 16, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended. |
| Feb 17, 2023 | Referred to Coms. on H. & C.D. and L. GOV. |
| Feb 7, 2023 | From printer. May be heard in committee March 9. |
| Feb 6, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 434 Grayson Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2023 | Assembly 3rd Reading AB434 Grayson By Skinner | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 14, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 10, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Housing |
Passed |
|
| May 31, 2023 | AB 434 Grayson Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 19, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Local Government |
Passed |
|
| Mar 29, 2023 | Do pass and be re-referred to the Committee on [Local Government] | Assembly Standing Committee on Housing and Community Development |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Attorney General Rob Bonta, State of California, | ** Support | |
| Bay Area Council | ** Support | |
| Brownstein Hyatt Farber Schreck | * Support | Mar 29, 2023 |
| California Apartment Association | ** Support | |
| California Housing Consortium | * Support | Apr 19, 2023 |
| California Housing Partnership | ** Support | |
| East Bay YIMBY | ** Support | |
| Grow the Richmond | ** Support | |
| Housing Action Coalition | ** Support | |
| Housing Orange County | ** Support | |
| How to ADU | ** Support | |
| LeadingAge California | ** Support | |
| Lighthouse Public Affairs | * Support | Mar 29, 2023 |
| Mountain View YIMBY | ** Support | |
| Napa-Solano for Everyone | ** Support | |
| Non-Profit Housing Association of Northern California | ** Support | |
| Nonprofit Housing Association of Northern California | * Support | Mar 29, 2023 |
| Northern Neighbors | ** Support | |
| Peninsula for Everyone | ** Support | |
| People For Housing Orange County | ** Support | |
| Progress Noe Valley | ** Support | |
| San Francisco Yimby | ** Support | |
| Santa Cruz Yimby | ** Support | |
| Santa Rosa Yimby | ** Support | |
| South Bay Yimby | ** Support | |
| Southside Forward | ** Support | |
| Ventura County YIMBY | ** Support | |
| Yimby Action | ** Support | |
| YIMBY Law | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 434
Author:(Grayson)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Adds specified housing laws to the list of laws that the Department of Housing and Community Development (HCD) is required to enforce.
Senate Amendments
- Add the following proposed laws to the list that HCD is required to enforce:
- Government Code Section (GC) 65913.16: the Affordable Housing on Faith and Higher Education Lands Act of 2023 (SB 4, Wiener, 2023)
- The three components of SB 684 (Caballero, 2023), including:
- GC 65852.28: Ministerial approval by local governments of developments of 10 units or less that meet specified conditions;
- GC 66499.41: Ministerial subdivision by local governments of developments of 10 units or less that meet specified conditions; and
- GC 65913.4.5: Require that local governments permit building construction and on-site subdivision improvements simultaneously, under specified conditions.
- Shortens, from 90 days to 60 days, the time-period that HCD must review adopted housing elements or amendments and report its findings to the planning agency.
COMMENTS
Enforcement of State Housing Laws: In 2017, AB 72 (Santiago) , Chapter 370, Statutes of 2017 established a process for HCD to enforce state housing laws. AB 72 requires HCD to notify a local government, and allows HCD to notify the office of the Attorney General, if HCD finds that a local government's housing element does not substantially comply with state law, or if any local government has taken an action in violation of specified housing laws.
AB 72 was originally limited to four statutes: the Housing Accountability Act, Density Bonus Law, fair housing law, and "no net loss" policy for implementing housing elements. Subsequent bills have added nine more statutes to the law, including four statutes to streamline both market-rate and affordable housing,[1] statutes to create more certainty for development,[2] and statutes that direct certain local government actions and behaviors.[3]
This bill would add eight sections of existing law, and five sections of proposed law, to the list of statutes that HCD must enforce. These include laws that:
- Provide a process for the ministerial approval of accessory dwelling units that meet specified conditions (GC 65852.2);
- Provide a process for the ministerial approval of junior accessory dwelling units that meet specified conditions (GC 65852.22);
- Prohibit a local agency from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, except in specified circumstances (GC 65852.23);
- Require the ministerial approval by a local government of two residential units in a single-family residential zone, under specified conditions (GC 65852.21, SB 9, Atkins, Chapter 162, Statutes of 2021);
- Create the Middle Class Housing Act of 2022, which made housing an allowable use on sites zoned for residential, office, or parking uses, under specified conditions (GC 65852.24, SB 6, Caballero, Chapter 659, Statutes of 2022);
- Allow an ADU to be sold or conveyed separately from the primary residence to a moderate-income or lower income household buyer under specified conditions (65852.26);
- Require the ministerial approval by a local government of up to 10 units in multifamily zones, under specified conditions (GC 65852.28, SB 684, Caballero, 2023);
- Require that local governments cannot conduct more than five public hearings for a proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete (GC 65905.5);
- Require local governments permit building construction and on-site subdivision improvements simultaneously, under specified conditions (GC 65913.4.5, SB 684, Caballero, 2023);
- Require the ministerial approval of 100% affordable housing projects on land owned by religious institutions and nonprofit universities (GC 65913.16, SB 4, Wiener, 2023);
- Protect against demolition and loss of residential units. These protections are already covered by AB 72's enforcement provisions, and the change in this bill reflects that these provisions are being moved to a new Article in the Government Code (Article 2 (commencing with Section 66300.5) of Chapter 12, AB 1218, Lowenthal, 2023).
- Require the ministerial approval by a local of government of a parcel split in a single-family residential zone into two parcels, under specified conditions (GC 66411.7, SB 9, Atkins, Chapter 162, Statutes of 2021); and
- Require the ministerial approval by a local of government of a parcel split of up to 10 parcels in multifamily zones, under specified conditions (GC 66499.41, SB 684, Caballero, 2023).
According to the Author
"California has a massive and growing housing production and affordability gap: six of the nation's most expensive large metropolitan rental markets are located here. According to the Roadmap Home 2030, California needs to build 1.2 million new affordable homes, 120,000 per year to meet the needs of low-income families over the next ten years. Yet California has never produced more than 20,000 new affordable rental homes in any year.
In order to address the state's housing shortage, the legislature has enacted various state housing laws to facilitate housing development and hold local governments accountable for delaying projects. Among these, have been SB 6 & SB 9 as well as bills governing the siting of ADUs. But without clear authority to enforce these laws, there is the possibility that even if an entity is found to be in violation of these much-needed housing laws, that HCD may be unable to bring in the AG for an enforcement action. AB 434 will harmonize the enforcement of these important housing policies by clarifying the roles of HCD and the AG in enforcing what is already current law."
Arguments in Support
Supporters of the bill argue that it is important to enable HCD and the Attorney General to be able to enforce state housing laws that facilitate production. According to the California Housing Partnership, "AB 434 helps improve accountability and makes sure that local governments support Californian's need for affordable housing."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Committee on Appropriations:
- HCD estimates ongoing General Fund costs of $682,000 annually for three additional staff positions for workload associated with the increased enforcement authority over additional housing laws granted in this bill.
Specifically, HCD expects a significant increase in technical assistance requests related to ADU development and ordinance implementation, and expects these requests to become more complex due to the authority to refer violations to the AG's office. HCD also anticipates requiring additional staffing in the Housing Accountability Unit (HAU) to respond to requests for technical assistance and ordinance review and to enforce statutes related to SB 9, SB 6, and the "five meeting rule" for housing developments.
- Potentially significant GF cost pressures for the AG to take enforcement action against cities and counties in violation of the additional housing laws added by this bill, to the extent HCD refers violations to the AG.
VOTES:
ASM HOUSING AND COMMUNITY DEVELOPMENT: 6-0-2
YES: Wicks, Wendy Carrillo, Gabriel, Juan Carrillo, Quirk-Silva, Ward
ABS, ABST OR NV: Joe Patterson, Sanchez
ASM LOCAL GOVERNMENT: 6-0-1
YES: Aguiar-Curry, Pacheco, Ramos, Robert Rivas, Waldron, Wilson
ABS, ABST OR NV: Dixon
ASM APPROPRIATIONS: 11-1-4
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
NO: Mathis
ABS, ABST OR NV: Megan Dahle, Dixon, Robert Rivas, Sanchez
ASSEMBLY FLOOR: 61-1-18
YES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO: Davies
ABS, ABST OR NV: Alanis, Boerner, Chen, Megan Dahle, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Lackey, Mathis, Muratsuchi, Jim Patterson, Joe Patterson, Sanchez, Ta, Wallis
UPDATED
VERSION: September 8, 2023
CONSULTANT: Steve Wertheim / H. & C.D. / (916) 319-2085 FN: 0002411
These include SB 35 (Wiener, Chapter 366 Statutes of 2017), AB 2162 (Chiu, Chapter 753 Statutes of 2017), AB 101 (Chapter 159 Statutes of 2019) and AB 2011 (Wicks, Chapter 647 Statutes of 2022). ↑
These include SB 330 (Skinner, Chapter 654 Statutes of 2019), which, among other provisions, locks in the development rules at the time of application, SB 478 (Wiener, Chapter 363 Statutes of 2021), which established minimum floor-area ratios for smaller housing development projects, and AB 2097 (Friedman, Chapter 459 Statutes of 2022), which removed the ability for local governments to require parking near transit. ↑
These include the longstanding requirement for local governments to submit their Annual Progress Report to the state regarding implementation of their housing elements, and AB 686 (Santiago, Chapter 958, Statutes of 2018), which requires the state and local governments to affirmatively furthering fair housing. ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 434 |
THIRD READING
Bill No: AB 434
Author: Grayson (D)
Amended: 9/8/23 in Senate
Vote: 21
SENATE HOUSING COMMITTEE: 9-2, 7/10/23
AYES: Wiener, Blakespear, Caballero, Cortese, McGuire, Padilla, Skinner, Umberg, Wahab
NOES: Ochoa Bogh, Seyarto
SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NOES: Jones, Seyarto
ASSEMBLY FLOOR: 61-1, 5/31/23 - See last page for vote
SUBJECT: Housing element: notice of violation
SOURCE: Author
DIGEST:
This bill adds specified housing laws to the list of laws that the Department of Housing and Community Development (HCD) is required to enforce.
Senate Floor Amendments of 9/8/23 add SB 684 (Caballero, 2023) and AB 1218 (Lowenthal, 2023) to the list of laws that HCD is required to enforce, should those bills become law. Requires HCD to review an adopted housing element or amendment and report its findings to the local planning agency within 60 days instead of 90 days.
ANALYSIS:
Existing law:
- Provides the following regarding accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs):
- Provides a process for the ministerial approval of ADUs that meet specified conditions;
- Prohibits a local agency from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, except in specified circumstances; and
- Provides a process for the ministerial approval of JADUs that meet specified conditions.
- Requires the ministerial approval by the local government of two residential units in a single-family residential zone, under specified conditions.
- Requires the ministerial approval by the local of government of a splitting of a parcel in a single-family residential zone into two parcels, under specified conditions.
- Establishes the Middle Class Housing Act of 2022, which made housing an allowable use on sites zoned for residential, office, or parking uses, under specified conditions.
- Requires that local governments cannot conduct more than five public hearings for a proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
- Requires HCD to review an adopted housing element or amendment and report its findings to the local planning agency within 90 days.
This bill:
- Requires HCD to notify a local government, and allows HCD to notify the office of the Attorney General, if HCD finds that a local government has taken an action in violation of the law regarding the following:
- ADUs and JADUs.
- SB 6 (Caballero, Chapter 659, Statutes of 2022), the Middle Class Housing Act of 2022.
- SB 9 (Atkins, Chapter 162, Statutes of 2021), which requires ministerial approval, under certain conditions, of two residential units in single-family residential zones and the splitting of parcels containing a single-family home into two parcels.
- The requirement that local governments cannot conduct more than five public hearings for a proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
- AB 1218 (Lowenthal, 2023), which amends existing demolition protections for housing units applicable to development projects.
- SB 4 (Wiener, 2023), which authorizes 100% affordable housing projects to be a use by right on land owned by religious institutions and independent institution of higher education.
- SB 684 (Caballero, 2023), which requires a local agency to ministerially approve, without discretionary review or a hearing, a parcel map or tentative and final map for a housing project, as specified.
- Requires HCD to review an adopted housing element or amendment and report its findings to the local planning agency within 60 days instead of 90 days.
Comments
- Author’s statement. “California has a massive and growing housing production and affordability gap: six of the nation’s most expensive large metropolitan rental markets are located here. According to the Roadmap Home 2030, California needs to build 1.2 million new affordable homes, 120,000 per year to meet the needs of low-income families over the next ten years. Yet California has never produced more than 20,000 new affordable rental homes in any year.
“In order to address the state’s housing shortage, the legislature has enacted various state housing laws to facilitate housing development and hold local governments accountable for delaying projects. Among these, have been SB 6 & SB 9 as well as bills governing the siting of ADUs. But without clear authority to enforce these laws, there is the possibility that even if an entity is found to be in violation of these much-needed housing laws, that HCD may be unable to bring in the AG for an enforcement action.
“AB 434 will harmonize the enforcement of these important housing policies by clarifying the roles of HCD and the AG in enforcing what is already current law.”
- State enforcement efforts. In 2017, AB 72 (Santiago, Chapter 370, Statutes of 2017) established a process for HCD to enforce state housing laws. That bill required HCD to notify a local government, and allows HCD to notify the office of the Attorney General, if HCD finds that a local government’s housing element does not substantially comply with state law, or if any local government has taken an action in violation of specified housing laws. AB 72 was originally limited to four statutes: the Housing Accountability Act, Density Bonus Law, fair housing law, and “no net loss” policy for implementing housing elements. Subsequent bills have added nine more statutes to the law, including four statutes to streamline both market-rate and affordable housing, statutes to create more certainty for development, and statutes that direct certain local government actions and behaviors.
In addition, HCD has created and staffed a Housing Accountability Unit (HAU). The HAU seeks to provide technical assistance to local governments about state law and, when necessary, holds jurisdictions accountable for meeting their housing element commitments and complying with state housing laws. Violations of these state laws may lead to consequences including revocation of housing element certification and/or referral to the California Office of the Attorney General.” In addition to the HAU, in 2022, Attorney General Bonta created a Housing Strike Force within the Department of Justice. According to the Department of Justice, the Housing Strike Force is comprised of deputy attorneys general with a broad range of expertise in housing, consumer protection, tenants’ rights, land use, environmental justice, and civil rights. The goal of this team is to work with state agencies and other partners to address the housing crisis on a systemic level, and, where required, to enforce state laws aimed at increasing housing supply and providing housing security and stability to all Californians.
This bill adds several new statutes to the list of statutes that HCD must enforce.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- HCD estimates costs of approximately $682,000 and 3.0 PY of new staff to respond to requests for technical assistance, to review local ordinances, and conduct additional enforcement, including engagement with local agencies and the AG. See staff comments. (General Fund)
- The Department of Justice indicates that any impacts related to referrals to the AG would be minor. Staff notes, however, that there could be additional costs to the AG to the extent HCD refers a significant number of local agency violations of the housing laws specified in this bill to the AG. (General Fund)
SUPPORT: (Verified 9/1/23)
Attorney General Rob Bonta, State of California
California Apartment Association
California Housing Partnership
East Bay YIMBY
Grow the Richmond
Housing Action Coalition
Housing Orange County
How to ADU
LeadingAge California
Mountain View YIMBY
Napa-Solano for Everyone
Northern Neighbors
Peninsula for Everyone
Progress Noe Valley
San Francisco YIMBY
Santa Cruz YIMBY
Santa Rosa YIMBY
South Bay YIMBY
Southside Forward
Ventura County YIMBY
YIMBY Action
YIMBY Law
OPPOSITION: (Verified 9/1/23)
None received
ASSEMBLY FLOOR: 61-1, 5/31/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NOES: Davies
NO VOTE RECORDED: Alanis, Boerner, Chen, Megan Dahle, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Lackey, Mathis, Muratsuchi, Jim Patterson, Joe Patterson, Sanchez, Ta, Wallis
Prepared by: Alison Hughes / HOUSING / (916) 651-4124
9/11/23 12:01:55
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 434 (Grayson) - Housing element: notice of violation
Version: July 12, 2023 | Policy Vote: HOUSING 9 - 2 |
Urgency: No | Mandate: No |
Hearing Date: August 14, 2023 | Consultant: Mark McKenzie |
Bill Summary:
AB 434 would enhance the Department of Housing and Community Development’s (HCD) enforcement authority by requiring HCD to notify a city or county, and authorizing HCD to notify the Attorney General (AG), if a city or county has taken any action in violation of specified housing laws, in addition to those currently enforced.
Fiscal Impact:
- HCD estimates costs of approximately $682,000 and 3.0 PY of new staff to respond to requests for technical assistance, to review local ordinances, and conduct additional enforcement, including engagement with local agencies and the AG. See staff comments. (General Fund)
- The Department of Justice indicates that any impacts related to referrals to the AG would be minor. Staff notes, however, that there could be additional costs to the AG to the extent HCD refers a significant number of local agency violations of the housing laws specified in this bill to the AG. (General Fund)
Background:
The Planning and Zoning Law requires every county and city to adopt a general plan that sets out planned uses for all of the area covered by the plan. A general plan must include seven mandatory elements, including a housing element that establishes the locations and densities of housing, among other requirements. The Legislature has enacted numerous measures in recent years in an effort to increase housing production, and provided new tools for the state to conduct enforcement activities to ensure compliance with housing laws. Existing law requires HCD to notify local agencies, and allows HCD to notify the AG, if it finds that a local agency’s housing element is not in substantial compliance with state law, or if a local agency has taken an action in violation of the following housing laws:
- The Housing Accountability Act;
- “No net loss” policy for implementing housing elements, as specified;
- Density bonus law;
- Fair housing law, as specified;
- The Housing Crisis Act of 2019;
- The obligation to affirmatively further fair housing, as specified;
- Housing streamlining laws, as specified;
- Supportive housing streamlining laws;
- Low barrier navigation center streamlining laws;
- Laws related to floor area ratio standards, as specified;
- The requirement to submit an annual progress report regarding implementation of local housing elements;
- Laws related to the enforcement of minimum parking requirements on certain developments; and
- The Affordable Housing and High Road Jobs Act of 2022.
In response to the enactment of new housing laws, as well as provisions that have enhanced HCD’s enforcement authority, HCD has created and staffed a Housing Accountability Unit (HAU). The HAU seeks to provide technical assistance to local governments about state law and, when necessary, hold jurisdictions accountable for meeting their housing element commitments and complying with state housing laws. Violations of specified statutes may lead to consequences for local agencies, including revocation of housing element certification and/or referral to the AG. In addition to the HAU, Attorney General Bonta created a Housing Strike Force within the Department of Justice in 2022. The Housing Strike Force is comprised of deputy attorneys general with a broad range of expertise in housing, consumer protection, tenants’ rights, land use, environmental justice, and civil rights. The goal of this team is to work with state agencies and other partners to address the housing crisis on a systemic level, and, where required, to enforce state laws aimed at increasing housing supply and providing housing security and stability to all Californians.
Proposed Law:
AB 434 would require HCD to notify a city or county, and authorize HCD to notify the AG, if the local agency has taken any action in violation of specified housing laws. Specifically, the bill would add nine additional statutory provisions to the list of laws that are enforced by HCD and the AG related to the following:
- A statute that prohibits a city or county from conducting more than five public hearings on a proposed housing development that complies with applicable objective general plan and zoning standards in effect at the time that an application is deemed complete. (Government Code [GC] Sec. 65905.5)
- A statute that requires ministerial approval of Accessory Dwelling Units (ADUs) that meet specified conditions. (GC Sec. 65852.2)
- A statute that requires ministerial approval of Junior Accessory Dwelling Units (JADUs) that meet specified conditions. (GC Sec. 65852.22)
- A statute that prohibits a local agency from denying a permit for an unpermitted ADU that was constructed before January 1, 2018. (GC Sec. 65852.23)
- A statute that requires a local agency to allow certain low-income ADUs to be sold or conveyed separately from a primary residence. (GC Sec. 65852.26)
- The Middle Class Housing Act of 2022, as enacted by SB 6 (Caballero), Chap. 659/2022. (GC Sec 65852.24)
- Statutes that require ministerial approval of two residential units in a single-family residential zone (GC Sec 65852.21) and ministerial approval of an urban lot split of a parcel in a single-family residential zone that meets specified conditions (GC Sec 66411.7), as enacted by SB 9 (Atkins), Chap. 162/2021.
- A proposed statute that would authorize certain affordable housing projects to be a use by right on land owned by religious institutions and independent institutions of higher education, as proposed by SB 4 (Wiener) of the current legislative session (proposed GC 65913.16).
Related Legislation:
SB 450 (Atkins), which is currently pending in the Assembly Appropriations Committee, would, among other things, also require HCD to notify local agencies if they are in violation of the provisions of SB 9 (Atkins), Chap, 162/2021, and authorize HCD to refer those violations to the AG.
SB 4 (Wiener), which is currently pending in the Assembly Appropriations Committee, would authorize certain affordable housing projects to be a use by right on land owned by religious institutions and independent institutions of higher education.
Staff Comments:
HCD indicates that it expects specific staffing impacts to both the ADU team and to the Housing Accountability Unit to respond to additional and more complex requests for technical assistance and ordinance review related to ADU law, SB 4, SB 9, SB 6, and the “five meeting rule” for housing developments, as specified. HCD also anticipates staffing impacts to the Legal Affairs Division to review violations and refer cases to the AG.
-- END --
SENATE COMMITTEE ON HOUSING
Senator Scott Wiener, Chair
2023 - 2024 Regular
Bill No: AB 434 Hearing Date: 7/10/2023
Author: | Grayson | ||
Version: | 3/16/2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: Housing element: notice of violation
DIGEST: This bill adds specified housing laws to the list of laws that the Department of Housing and Community Development (HCD) is required to enforce.
ANALYSIS:
Existing law:
- Attorney General, if HCD finds that a housing element does not substantially comply with state law or any local government has taken an action in violation of specified laws, or both.
- Provides the following regarding accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs):
- Provides a process for the ministerial approval of ADUs that meet specified conditions;
- Prohibits a local agency from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, except in specified circumstances; and
- Provides a process for the ministerial approval of JADUs that meet specified conditions.
- Requires the ministerial approval by the local government of two residential units in a single-family residential zone, under specified conditions.
- Requires the ministerial approval by the local of government of a splitting of a parcel in a single-family residential zone into two parcels, under specified conditions.
- Establishes the Middle Class Housing Act of 2022, which made housing an allowable use on sites zoned for residential, office, or parking uses, under specified conditions.
- Requires that local governments cannot conduct more than five public hearings for a proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
This bill:
- Requires HCD to notify a local government, and allows HCD to notify the office of the Attorney General, if HCD finds that a local government has taken an action in violation of the law regarding the following:
- ADUs and JADUs.
- SB 6 (Caballero, Chapter 659, Statues of 2022), the Middle Class Housing Act of 2022.
- SB 9 (Atkins, Chapter 162, Statutes of 2021), which requires ministerial approval, under certain conditions, of two residential units in single-family residential zones and the splitting of parcels containing a single-family home into two parcels.
- The requirement that local governments cannot conduct more than five public hearings for a proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
COMMENTS:
- Author’s statement. “California has a massive and growing housing production and affordability gap: six of the nation’s most expensive large metropolitan rental markets are located here. According to the Roadmap Home 2030, California needs to build 1.2 million new affordable homes, 120,000 per year to meet the needs of low-income families over the next ten years. Yet California has never produced more than 20,000 new affordable rental homes in any year.
In order to address the state’s housing shortage, the legislature has enacted various state housing laws to facilitate housing development and hold local governments accountable for delaying projects. Among these, have been SB 6 & SB 9 as well as bills governing the siting of ADUs. But without clear authority to enforce these laws, there is the possibility that even if an entity is found to be in violation of these much-needed housing laws, that HCD may be unable to bring in the AG for an enforcement action.
AB 434 will harmonize the enforcement of these important housing policies by clarifying the roles of HCD and the AG in enforcing what is already current law.”
- State enforcement efforts. In 2017, AB 72 (Santiago, Chapter 370) established a process for HCD to enforce state housing laws. That bill required HCD to notify a local government, and allows HCD to notify the office of the Attorney General, if HCD finds that a local government’s housing element does not substantially comply with state law, or if any local government has taken an action in violation of specified housing laws. AB 72 was originally limited to four statutes: the Housing Accountability Act, Density Bonus Law, fair housing law, and “no net loss” policy for implementing housing elements. Subsequent bills have added nine more statutes to the law, including four statutes to streamline both market-rate and affordable housing,[1] statutes to create more certainty for development,[2] and statutes that direct certain local government actions and behaviors.[3]
In addition, HCD has created and staffed a Housing Accountability Unit (HAU). The HAU seeks to provide technical assistance to local governments about state law and, when necessary, holds jurisdictions accountable for meeting their housing element commitments and complying with state housing laws. Violations of these state laws may lead to consequences including revocation of housing element certification and/or referral to the California Office of the Attorney General.” In addition to the HAU, in 2022, Attorney General Bonta created a Housing Strike Force within the Department of Justice. According to the Department of Justice, the Housing Strike Force is comprised of deputy attorneys general with a broad range of expertise in housing, consumer protection, tenants’ rights, land use, environmental justice, and civil rights. The goal of this team is to work with state agencies and other partners to address the housing crisis on a systemic level, and, where required, to enforce state laws aimed at increasing housing supply and providing housing security and stability to all Californians.
This bill would add eight new statutes to the list of statutes that HCD must enforce. These include laws that:
- Provide a process for the ministerial approval of ADUs that meet specified conditions;
- Provide a process for the ministerial approval of JADUs that meet specified conditions;
- Prohibit a local agency from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, except in specified circumstances;
- Allow an ADU to be sold or conveyed separately from the primary residence to a moderate-income or lower income household buyer under specified conditions;
- Require the ministerial approval by a local government of two residential units in a single-family residential zone, under specified conditions;
- Require the ministerial approval by a local of government of a parcel split in a single-family residential zone into two parcels, under specified conditions;
- Is that all there is? The legislature is contemplating passing SB 4 (Wiener, 2023), which would authorize 100% affordable housing projects to be a use by right on land owned by religious institutions and independent institution of higher education. The author has agreed to add SB 4 to the list of laws enforceable by HCD, similar to other housing streamlining laws.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
July 5, 2023.)
SUPPORT:
California Apartment Association
California Housing Partnership
East Bay YIMBY
Grow the Richmond
Housing Action Coalition
Housing Orange County
How to ADU
LeadingAge California
Mountain View YIMBY
Napa-Solano for Everyone
Northern Neighbors
Peninsula for Everyone
Progress Noe Valley
San Francisco YIMBY
Santa Cruz YIMBY
Santa Rosa YIMBY
South Bay YIMBY
Southside Forward
Ventura County YIMBY
YIMBY Action
YIMBY Law
OPPOSITION:
None received.
-- END --
These include SB 35 (Wiener, Chapter 366 Statutes of 2017), AB 2162 (Chiu, Chapter 753 Statutes of 2017), AB 101 (Chapter 159 Statutes of 2019) and AB 2011 (Wicks, Chapter 647 Statutes of 2022). ↑
These include SB 330 (Skinner, Chapter 654 Statutes of 2019), which, among other provisions, locks in the development rules at the time of application, SB 478 (Wiener, Chapter 363 Statutes of 2021), which established minimum floor-area ratios for smaller housing development projects, and AB 2097 (Friedman, Chapter 459 Statutes of 2022), which removed the ability for local governments to require parking near transit. ↑
These include the longstanding requirement for local governments to submit their Annual Progress Report to the state regarding implementation of their housing elements, and AB 686 (Santiago, Chapter 958, Statutes of 2018), which requires the state and local governments to affirmatively furthering fair housing. ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 434
Author:(Grayson)
As Amended Ver:March 16, 2023
Majority vote
SUMMARY
Adds specified housing laws to the list of laws that the Department of Housing and Community Development (HCD) is required to enforce.
Major Provisions
Adds the following housing laws to the list of laws that HCD is required to enforce
- The laws covering Accessory dwelling units (ADUs) and Junior Accessory Dwelling Units (JADUs).
- SB 6 (Caballero), Chapter 659, Statues of 2022, the Middle Class Housing Act of 2022.
- SB 9 (Atkins), Chapter 162, Statutes of 2021, which requires ministerial approval, under certain conditions, of:
- Two residential units in single-family residential zones; and
- The splitting of parcels containing a single-family home into two parcels.
- The requirement that local governments cannot conduct more than five public hearings for a proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
COMMENTS
Enforcement of State Housing Laws: California has a multi-million unit deficit of housing. This mismatch of supply and demand has resulted in our longstanding housing crisis: home prices that are double the national average, a majority of renters sacrificing basic needs like food and health care to pay for housing, and homelessness that exceeds 170,000 unhoused Californians.
In recent years, the Legislature has implemented policy changes to address the housing deficit including creating processes requiring ministerial approval of housing and requiring local governments to plan and zone for more housing.
In 2017, AB 72 (Santiago), Chapter 370 established a process for HCD to enforce state housing laws. AB 72 requires HCD to notify a local government, and allows HCD to notify the office of the Attorney General, if HCD finds that a local government's housing element does not substantially comply with state law, or if any local government has taken an action in violation of specified housing laws.
AB 72 was originally limited to four statutes: the Housing Accountability Act, Density Bonus Law, fair housing law, and "no net loss" policy for implementing housing elements. Subsequent bills have added nine more statutes to the law, including four statutes to streamline both market-rate and affordable housing,[1] statutes to create more certainty for development,[2] and statutes that direct certain local government actions and behaviors.[3]
In addition, HCD has created and staffed a Housing Accountability Unit (HAU). According to HCD, "While education and technical assistance is always the first step in HCD's accountability efforts, the HAU holds jurisdictions accountable for meeting their housing element commitments and complying with state housing laws. Violations of these state laws may lead to consequences including revocation of housing element certification and/or referral to the California Office of the Attorney General."[4] In addition to the HAU, in 2022 Attorney General Bonta created a Housing Strike Force within the Department of Justice. According to the Department of Justice, "The Housing Strike Force is comprised of deputy attorneys general with a broad range of expertise in housing, consumer protection, tenants' rights, land use, environmental justice, and civil rights. The goal of this team is to work with state agencies and other partners to address the housing crisis on a systemic level, and, where required, to enforce state laws aimed at increasing housing supply and providing housing security and stability to all Californians."[5]
This bill would add eight new statutes to the list of statutes that HCD must enforce. These include laws that:
- Provide a process for the ministerial approval of ADUs that meet specified conditions;
- Provide a process for the ministerial approval of JADUs that meet specified conditions;
- Prohibits a local agency from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, except in specified circumstances;
- Allow an ADU to be sold or conveyed separately from the primary residence to a moderate-income or lower income household buyer under specified conditions;
- Require the ministerial approval by a local government of two residential units in a single-family residential zone, under specified conditions;
- Require the ministerial approval by a local of government of a parcel split in a single-family residential zone into two parcels, under specified conditions;
- Create the Middle Class Housing Act of 2022, which made housing an allowable use on sites zoned for residential, office, or parking uses, under specified conditions; and
- Require that local governments cannot conduct more than five public hearings for a proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
According to the Author
"California has a massive and growing housing production and affordability gap: six of the nation's most expensive large metropolitan rental markets are located here. According to the Roadmap Home 2030, California needs to build 1.2 million new affordable homes, 120,000 per year to meet the needs of low-income families over the next ten years. Yet California has never produced more than 20,000 new affordable rental homes in any year.
In order to address the state's housing shortage, the legislature has enacted various state housing laws to facilitate housing development and hold local governments accountable for delaying projects. Among these, have been SB 6 & SB 9 as well as bills governing the siting of ADUs. But without clear authority to enforce these laws, there is the possibility that even if an entity is found to be in violation of these much-needed housing laws, that HCD may be unable to bring in the AG for an enforcement action. AB 434 will harmonize the enforcement of these important housing policies by clarifying the roles of HCD and the AG in enforcing what is already current law."
Arguments in Support
Supporters of the bill argue that it is important to enable HCD and the Attorney General to be able to enforce state housing laws that facilitate production. According to the California Housing Partnership, "AB 434 helps improve accountability and makes sure that local governments support Californian’s need for affordable housing.”
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Committee on Appropriations:
- HCD estimates ongoing General Fund costs of $682,000 annually for three additional staff positions for workload associated with the increased enforcement authority over additional housing laws granted in this bill.
Specifically, HCD expects a significant increase in technical assistance requests related to ADU development and ordinance implementation, and expects these requests to become more complex due to the authority to refer violations to the AG's office. HCD also anticipates requiring additional staffing in the Housing Accountability Unit (HAU) to respond to requests for technical assistance and ordinance review and to enforce statutes related to SB 9, SB 6, and the "five meeting rule" for housing developments.
- Potentially significant GF cost pressures for the AG to take enforcement action against cities and counties in violation of the additional housing laws added by this bill, to the extent HCD refers violations to the AG.
VOTES
ASM HOUSING AND COMMUNITY DEVELOPMENT: 6-0-2
YES: Wicks, Wendy Carrillo, Gabriel, Juan Carrillo, Quirk-Silva, Ward
ABS, ABST OR NV: Joe Patterson, Sanchez
ASM LOCAL GOVERNMENT: 6-0-1
YES: Aguiar-Curry, Pacheco, Ramos, Robert Rivas, Waldron, Wilson
ABS, ABST OR NV: Dixon
ASM APPROPRIATIONS: 11-1-4
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
NO: Mathis
ABS, ABST OR NV: Megan Dahle, Dixon, Robert Rivas, Sanchez
UPDATED
VERSION: March 16, 2023
CONSULTANT: Steve Wertheim / H. & C.D. / (916) 319-2085 FN: 0000423
These include SB 35 (Wiener), Chapter 366, Statutes of 2017; AB 2162 (Chiu), Chapter 753, Statutes of 2017; AB 101 (Committee on Budget), Chapter 159, Statutes of 2019; and AB 2011 (Wicks), Chapter 647, Statutes of 2022. ↑
These include SB 330 (Skinner), Chapter 654, Statutes of 2019, which, among other provisions, locks in the development rules at the time of application, SB 478 (Wiener), Chapter 363, Statutes of 2021, which established minimum floor-area ratios for smaller housing development projects, and AB 2097 (Friedman), Chapter 459, Statutes of 2022, which removed the ability for local governments to require parking near transit. ↑
These include the longstanding requirement for local governments to submit their Annual Progress Report to the state regarding implementation of their housing elements, and AB 686 (Santiago), Chapter 958, Statutes of 2018, which requires the state and local governments to affirmatively furthering fair housing. ↑
Housing Accountability Unit: https://www.hcd.ca.gov/planning-and-community-development/accountability-and-enforcement ↑
Housing Strike Force: https://oag.ca.gov/housing ↑
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 434
Author:(Grayson) – As Amended Ver:March 16, 2023
Policy Committee: | Housing and Community Development | Vote: | 6 - 0 |
Local Government | 6 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Housing and Community Development (HCD) to notify a city, county, or city and county (city or county), and allows HCD to notify the office of the Attorney General (AG), if any local government has taken action in violation of specified provisions of law.
Specifically, this bill:
Requires HCD to notify a city or county, and allows HCD to notify the AG if any local government has taken action in violation of the following:
- Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).
- SB 6 (Caballero), Chapter 659, Statues of 2022, the Middle Class Housing Act of 2022.
- SB 9 (Atkins), Chapter 162, Statutes of 2021, which requires ministerial approval, under certain conditions, of two residential units in single-family residential zones and the splitting of parcels containing a single-family home into two parcels.
- The requirement that local governments cannot conduct more than five public hearings for a proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
FISCAL EFFECT:
- HCD estimates ongoing General Fund costs of $682,000 annually for three additional staff positions for workload associated with the increased enforcement authority over additional housing laws granted in this bill.
Specifically, HCD expects a significant increase in technical assistance requests related to ADU development and ordinance implementation, and expects these requests to become more complex due to the authority to refer violations to the AG’s office. HCD also anticipates requiring additional staffing in the Housing Accountability Unit (HAU) to respond to requests for technical assistance and ordinance review and to enforce statutes related to SB 9, SB 6, and the “five meeting rule” for housing developments.
- Potentially significant GF cost pressures for the AG to take enforcement action against cities and counties in violation of the additional housing laws added by this bill, to the extent HCD refers violations to the AG.
COMMENTS:
- Purpose. According to the author:
In order to address the state’s housing shortage, the legislature has enacted various state housing laws to facilitate housing development and hold local governments accountable for delaying projects. But without clear authority to enforce these laws, there is the possibility that even if an entity is found to be in violation of these much-needed housing laws, that HCD may be unable to bring in the Attorney General for an enforcement action. [This bill] will clarify the roles of HCD and the Attorney General in enforcing what is already current law.
- Background. AB 72 (Santiago), Chapter 370, Statutes of 2017, requires HCD to notify a city or county, and allows HCD to notify the AG, if HCD finds that a city’s or county’s housing element does not substantially comply with housing element law, or if any local government has taken an action in violation of specified housing laws. AB 72 was originally limited to four statutes: the Housing Accountability Act, Density Bonus Law, fair housing law, and “no net loss” policy for implementing housing elements. Subsequent bills have added nine more statutes to the law, including four statutes to streamline both market-rate and affordable housing,[1] statutes to create more certainty for development, and statutes that direct certain local government actions and behaviors.
This bill adds to the list of statutes HCD must enforce.
- Related Legislation. SB 450 (Atkins) adds the provisions of SB 9 to the list of laws that, when violated, trigger HCD’s notification requirements. SB 450 is pending in Senate Appropriations Committee.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
These include SB 35 (Wiener, Chapter 366 Statutes of 2017), AB 2162 (Chiu, Chapter 753 Statutes of 2017), AB 101 (Chapter 159 Statutes of 2019) and AB 2011 (Wicks, Chapter 647 Statutes of 2022). ↑
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cecilia Aguiar-Curry, Chair
ABPCA Bill Id:AB 434 (
Author:Grayson) – As Amended Ver:March 16, 2023
SUBJECT: Housing element: notice of violation.
SUMMARY: Requires the Department of Housing and Community Development (HCD) to notify a city, county, or city and county (city or county), and allows HCD to notify the office of the Attorney General, if any local government has taken action in violation of specified provisions of law. Specifically, this bill:
- Requires HCD to notify a city or county, and allows HCD to notify the office of the Attorney General, if any local government has taken action in violation of the following:
- Provisions of law governing the number of hearings a city or county may conduct in connection with a proposed housing development project that complies with applicable, objective general plan and zoning standards in effect at the time the application is deemed complete, as specified.
- Provisions of law governing accessory dwelling units (ADUs).
- Provisions of law governing unpermitted ADUs built before January 1, 2018.
- Provisions of law governing the separate conveyance of ADUs.
- Provisions of law governing junior accessory dwelling units (JADUs).
- SB 9 (Atkins), Chapter 162, Statutes of 2021, which requires ministerial approval of housing developments with two units (duplexes) and subdivision maps that meet certain conditions, increases the length of time that cities and counties can extend the validity of existing subdivision maps, and ministerial approval of specified parcel maps for urban lot splits.
- SB 6 (Caballero), Chapter 659, Statutes of 2022, the Middle Class Housing Act of 2022.
- Makes additional technical changes.
EXISTING LAW:
- Requires HCD to notify a city or county, and allows HCD to notify the office of the Attorney General, if HCD finds that:
- A housing element or an amendment to this element does not substantially comply with housing element law.
- A city or county acts or fails to act in a manner that HCD determines is inconsistent with an adopted housing element or provisions of law stipulating the contents of a housing element.
- Any local government has taken an action in violation of 13 specified laws (Government Code (GC) § 65585).
- Provides the following regarding ADUs:
- Provides a process for the ministerial approval of ADUs that meet specified conditions (GC § 65852.2).
- Prohibits a city or county from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, except in specified circumstances (GC § 65852.23).
- Allows an ADU to be sold or conveyed separately from the primary residence to a moderate-income or lower income household buyer under specified conditions (GC § 65852.26).
- Provides a process for the ministerial approval of JADUs that meet specified conditions (GC § 65852.22).
- Requires the ministerial approval by a city or county of two residential units in a single-family residential zone, under specified conditions (GC § 65852.21).
- Requires the ministerial approval by a city or county of a splitting of a parcel in a single-family residential zone into two parcels, under specified conditions (GC § 66411.7).
- Establishes the Middle Class Housing Act of 2022, which made housing an allowable use on sites zoned for residential, office, or parking uses, under specified conditions (GC § 65852.21).
- Provides that a city or county cannot conduct more than five public hearings for a proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete (GC § 65905.5).
FISCAL EFFECT: This bill is keyed fiscal.
COMMENTS:
- Bill Summary. This bill Requires HCD to notify a city or county, and allows HCD to notify the office of the Attorney General, if any local government has taken action in violation of the following:
- Provisions of law governing the number of hearings a city or county may conduct in connection with a proposed housing development project that complies with applicable, objective general plan and zoning standards in effect at the time the application is deemed complete, as specified.
- Provisions of law governing ADUs.
- Provisions of law governing unpermitted ADUs built before January 1, 2018.
- Provisions of law governing the separate conveyance of ADUs.
- Provisions of law governing JADUs.
- SB 9 (Atkins), Chapter 162, Statutes of 2021, which requires ministerial approval of housing developments with two units (duplexes) and subdivision maps that meet certain conditions, increases the length of time that cities and counties can extend the validity of existing subdivision maps, and ministerial approval of specified parcel maps for urban lot splits.
- SB 6 (Caballero), Chapter 659, Statutes of 2022, the Middle Class Housing Act of 2022.
This bill is sponsored by the author.
- Author’s Statement. According to the author, “California has a massive and growing housing production and affordability gap: six of the nation’s most expensive large metropolitan rental markets are located here. According to the Roadmap Home 2030, California needs to build 1.2 million new affordable homes, 120,000 per year to meet the needs of low-income families over the next ten years. Yet California has never produced more than 20,000 new affordable rental homes in any year.
“In order to address the state’s housing shortage, the legislature has enacted various state housing laws to facilitate housing development and hold local governments accountable for delaying projects. But without clear authority to enforce these laws, there is the possibility that even if an entity is found to be in violation of these much-needed housing laws, that HCD may be unable to bring in the Attorney General for an enforcement action. AB 434 will clarify the roles of HCD and the Attorney General in enforcing what is already current law.”
- Background. AB 72 (Santiago), Chapter 370, Statutes of 2017, established a process for HCD to notify cities, counties, and the Attorney General regarding specified non-compliance with, or violations of, several laws. AB 72 required HCD to notify a city or county, and allowed HCD to notify the office of the Attorney General, if HCD finds that a city’s or county’s housing element does not substantially comply with housing element law, or if any local government has taken an action in violation of specified housing laws. AB 72 was originally limited to four statutes: the Housing Accountability Act, Density Bonus Law, fair housing law, and “no net loss” policy for implementing housing elements.
Subsequent bills added nine more statutes to the law, including:
- Statutes that streamline market-rate and affordable housing. These include SB 35 (Wiener), Chapter 366, Statutes of 2017, AB 2162 (Chiu), Chapter 753, Statutes of 2017, AB 101 (Committee on Budget), Chapter 159, Statutes of 2019, and AB 2011 (Wicks), Chapter 647, Statutes of 2022.
- Statutes that create more certainty for development. These include SB 330 (Skinner), Chapter 654, Statutes of 2019, SB 478 (Wiener), Chapter 363, Statutes of 2021, and AB 2097 (Friedman), Chapter 459, Statutes of 2022.
- Statutes that direct certain local government actions and behaviors. These include the requirement for local governments to submit their Annual Progress Report to the state regarding implementation of their housing elements, and AB 686 (Santiago), Chapter 958, Statutes of 2018, which requires the state and local governments to affirmatively furthering fair housing.
- Related Legislation. SB 450 (Atkins) adds the provisions of SB 9 to the list of laws that, when violated, trigger HCD’s notification requirements. SB 450 is pending in Senate Housing Committee.
- Previous Legislation. AB 72 (Santiago), Chapter 370, Statutes of 2017: This bill gives HCD the authority to find a local government’s housing element out of substantial compliance if it determines that the local government acts or fails to act in compliance with its housing element, and allows HCD to refer violations of law to the Attorney General.
- Arguments in Support. A coalition of supporters, including YIMBY Action and several of their chapters and partners, writes, “California has a massive and growing housing production and affordability problem. According to the Roadmap House of 2030, California needs to build 1.2 million new affordable homes, 120,000 per year to meet the needs of low-income families over the next ten years. Unfortunately, California has never produced more than 20,000 new affordable rental homes any year.
“In order to address the state’s housing shortage, the legislature has enacted various state housing laws to facilitate housing development and hold local governments accountable for delaying projects. Among these have been SB 6 & SB 9, as well as bills governing the siting of Accessory Dwelling Units (ADU) and Junior ADUs. But without clear authority to enforce these laws, there is the possibility that even if an entity is found to be in violation of these much-needed housing laws, that HCD may be unable to bring in the AG for an enforcement action.
“AB 434 will ensure that the AG and HCD have adequate enforcement authority, commensurate with other state housing laws, and that local governments may be held accountable to the law. Ultimately, this will reduce the cost of housing development and facilitate meeting California housing needs.”
- Arguments in Opposition. None on file.
- Double-Referral. This bill was double-referred to the Housing and Community Development Committee, where it passed on a 6-0 vote on March 29, 2023.
REGISTERED SUPPORT / OPPOSITION:
Support
Bay Area Council
California Apartment Association
California Housing Partnership
East Bay YIMBY
Grow the Richmond
How to ADU
LeadingAge California
Mountain View YIMBY
Napa-Solano for Everyone
Non-profit Housing Association of Northern California
Northern Neighbors
Peninsula for Everyone
People for Housing Orange County
Progress Noe Valley
San Francisco YIMBY
San Luis Obispo YIMBY
Santa Cruz YIMBY
Santa Rosa YIMBY
South Bay YIMBY
Southside Forward
Ventura County YIMBY
YIMBY Action
YIMBY Law
Opposition
None on file
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958
Date of Hearing: March 29, 2023
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Buffy Wicks, Chair
ABPCA Bill Id:AB 434 (
Author:Grayson) – As Amended Ver:March 16, 2023
SUBJECT: Housing element: notice of violation
SUMMARY: Adds specified housing laws to the list of laws that the Department of Housing and Community Development (HCD) is required to enforce. Specifically, this bill: requires HCD to notify a local government, and allows HCD to notify the office of the Attorney General, if HCD finds that a local government has taken an action in violation of the law regarding the following:
- Accessory dwelling units (ADUs) and Junior Accessory Dwelling Units (JADUs).
- SB 6 (Caballero), Chapter 659, Statues of 2022, the Middle Class Housing Act of 2022.
- SB 9 (Atkins), Chapter 162, Statutes of 2021, which requires ministerial approval, under certain conditions, of:
- Two residential units in single-family residential zones; and
- The splitting of parcels containing a single-family home into two parcels.
- The requirement that local governments cannot conduct more than five public hearings for a proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
EXISTING LAW:
- Requires HCD to notify the local government, and allows HCD to notify the office of the Attorney General, if HCD finds that:
- A housing element does not substantially comply with state law; and
- Any local government has taken an action in violation of specified laws (Government Code (GC) Section 65585(j)).
- Provides the following regarding ADUs:
- Provides a process for the ministerial approval of ADUs that meet specified conditions (GC Section 65852.2);
- Prohibits a local agency from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, except in specified circumstances (GC Section 65852.23); and
- Allows an ADU to be sold or conveyed separately from the primary residence to a moderate-income or lower income household buyer under specified conditions (GC Section 65852.26).
- Provides a process for the ministerial approval of JADUs that meet specified conditions (GC Section 65852.22).
- Requires the ministerial approval by the local government of two residential units in a single-family residential zone, under specified conditions (GC Section 65852.21);
- Requires the ministerial approval by the local of government of a splitting of a parcel in a single-family residential zone into two parcels, under specified conditions (GC Section 66411.7).
- Establishes the Middle Class Housing Act of 2022, which made housing an allowable use on sites zoned for residential, office, or parking uses, under specified conditions (GC Section 65852.21).
- Requires that local governments cannot conduct more than five public hearings for a proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete (GC 65905.5).
FISCAL EFFECT: Unknown
COMMENTS:
Author’s Statement: According to the author, “California has a massive and growing housing production and affordability gap: six of the nation’s most expensive large metropolitan rental markets are located here. According to the Roadmap Home 2030, California needs to build 1.2 million new affordable homes, 120,000 per year to meet the needs of low-income families over the next ten years. Yet California has never produced more than 20,000 new affordable rental homes in any year.
In order to address the state’s housing shortage, the legislature has enacted various state housing laws to facilitate housing development and hold local governments accountable for delaying projects. Among these, have been SB 6 & SB 9 as well as bills governing the siting of ADUs. But without clear authority to enforce these laws, there is the possibility that even if an entity is found to be in violation of these much-needed housing laws, that HCD may be unable to bring in the AG for an enforcement action. AB 434 will harmonize the enforcement of these important housing policies by clarifying the roles of HCD and the AG in enforcing what is already current law.”
Enforcement of State Housing Laws: California has a multi-million unit deficit of housing. This mismatch of supply and demand has resulted in our longstanding housing crisis: home prices that are double the national average, a majority of renters sacrificing basic needs like food and health care to pay for housing, and homelessness that exceeds 170,000 unhoused Californians.
In recent years, the Legislature has implemented policy changes to address the housing deficit including creating processes requiring ministerial approval of housing and requiring local governments to plan and zone for more housing.
In 2017, AB 72 (Santiago, Chapter 370) established a process for HCD to enforce state housing laws. AB 72 requires HCD to notify a local government, and allows HCD to notify the office of the Attorney General, if HCD finds that a local government’s housing element does not substantially comply with state law, or if any local government has taken an action in violation of specified housing laws.
AB 72 was originally limited to four statutes: the Housing Accountability Act, Density Bonus Law, fair housing law, and “no net loss” policy for implementing housing elements. Subsequent bills have added nine more statutes to the law, including four statutes to streamline both market-rate and affordable housing,[1] statutes to create more certainty for development,[2] and statutes that direct certain local government actions and behaviors.[3]
In addition, HCD has created and staffed a Housing Accountability Unit (HAU). According to HCD, “While education and technical assistance is always the first step in HCD’s accountability efforts, the HAU holds jurisdictions accountable for meeting their housing element commitments and complying with state housing laws. Violations of these state laws may lead to consequences including revocation of housing element certification and/or referral to the California Office of the Attorney General.”[4] In addition to the HAU, in 2022 Attorney General Bonta created a Housing Strike Force within the Department of Justice. According to the Department of Justice, “The Housing Strike Force is comprised of deputy attorneys general with a broad range of expertise in housing, consumer protection, tenants’ rights, land use, environmental justice, and civil rights. The goal of this team is to work with state agencies and other partners to address the housing crisis on a systemic level, and, where required, to enforce state laws aimed at increasing housing supply and providing housing security and stability to all Californians.”[5]
This bill would add eight new statutes to the list of statutes that HCD must enforce. These include laws that:
- Provide a process for the ministerial approval of ADUs that meet specified conditions;
- Provide a process for the ministerial approval of JADUs that meet specified conditions;
- Prohibits a local agency from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, except in specified circumstances;
- Allow an ADU to be sold or conveyed separately from the primary residence to a moderate-income or lower income household buyer under specified conditions;
- Require the ministerial approval by a local government of two residential units in a single-family residential zone, under specified conditions;
- Require the ministerial approval by a local of government of a parcel split in a single-family residential zone into two parcels, under specified conditions;
- Create the Middle Class Housing Act of 2022, which made housing an allowable use on sites zoned for residential, office, or parking uses, under specified conditions; and
- Require that local governments cannot conduct more than five public hearings for a proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
Arguments in Support: Supporters of the bill argue that it is important to enable HCD and the Attorney General to be able to enforce state housing laws that facilitate production. According to the California Housing Partnership, “AB 434 helps improve accountability and makes sure that local governments support Californian’s need for affordable housing.”
Arguments in Opposition: None on file.
Related Legislation:
SB 450 (Atkins, 2023): This bill would, among other things, add the provisions of SB 9 to the list of laws that HCD must enforce. This bill is currently pending before the Senate Housing Committee.
AB 215 (Chiu), Chapter 342, Statutes of 2021: This bill provides HCD with additional enforcement authority over local agency violations of specified housing laws.
AB 72 (Santiago), Chapter 370, Statutes of 2017: This bill gives HCD the authority to find a local government’s housing element out of substantial compliance if it determines that the local government acts or fails to act in compliance with its housing element, and allows HCD to refer violations of law to the Attorney General.
Double referred: This bill was also referred to the Assembly Committee on Local Government, where it will be heard should it pass out of this committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Apartment Association
California Housing Partnership
Bay Area Council
Opposition
None on file.
Analysis Prepared by: Steve Wertheim / H. & C.D. / (916) 319-2085
These include SB 35 (Wiener, Chapter 366 Statutes of 2017), AB 2162 (Chiu, Chapter 753 Statutes of 2017), AB 101 (Chapter 159 Statutes of 2019) and AB 2011 (Wicks, Chapter 647 Statutes of 2022). ↑
These include SB 330 (Skinner, Chapter 654 Statutes of 2019), which, among other provisions, locks in the development rules at the time of application, SB 478 (Wiener, Chapter 363 Statutes of 2021), which established minimum floor-area ratios for smaller housing development projects, and AB 2097 (Friedman, Chapter 459 Statutes of 2022), which removed the ability for local governments to require parking near transit. ↑
These include the longstanding requirement for local governments to submit their Annual Progress Report to the state regarding implementation of their housing elements, and AB 686 (Santiago, Chapter 958, Statutes of 2018), which requires the state and local governments to affirmatively furthering fair housing. ↑
Housing Accountability Unit: https://www.hcd.ca.gov/planning-and-community-development/accountability-and-enforcement ↑
Housing Strike Force: https://oag.ca.gov/housing ↑
Discussed in Hearing
43SEC
Assembly Floor
2MIN
Senate Floor
37SEC
Senate Standing Committee on Appropriations
4MIN
Senate Standing Committee on Housing
37SEC
Assembly Floor
8MIN
Assembly Standing Committee on Local Government
15MIN
Assembly Standing Committee on Housing and Community Development
Bill Author
Bill Co-Author(s):