AB 434 — Housing element: notice of violation.

Summary

(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.

Bill Text

• Chaptered 10/11/23 - Chaptered Current pdf October 11, 2023
• Enrolled 09/18/23 - Enrolled pdf September 18, 2023
• Amended 09/08/23 - Amended Senate pdf September 08, 2023
• Amended 07/12/23 - Amended Senate pdf July 12, 2023
• Amended 03/16/23 - Amended Assembly pdf March 16, 2023
• Introduced 02/06/23 - Introduced pdf February 06, 2023
• AB434 View text html

Action History

1. October 11, 2023

   Chaptered by Secretary of State - Chapter 740, Statutes of 2023.

2. October 11, 2023

   Approved by the Governor.

3. September 20, 2023

   Enrolled and presented to the Governor at 4 p.m.

4. September 13, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 11. Page 3382.).

5. September 12, 2023

   In Assembly. Concurrence in Senate amendments pending.

6. September 12, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 7. Page 2643.).

7. September 11, 2023

   Read second time. Ordered to third reading.

8. September 08, 2023

   Read third time and amended. Ordered to second reading.

9. September 05, 2023

   Read second time. Ordered to third reading.

10. September 01, 2023

    From committee: Do pass. (Ayes 5. Noes 2.) (September 1).

11. August 14, 2023

    In committee: Referred to APPR suspense file.

12. July 12, 2023

    Read second time and amended. Re-referred to Com. on APPR.

13. July 11, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 10).

14. June 14, 2023

    Referred to Com. on HOUSING.

15. June 01, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

16. May 31, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 1. Page 1978.)

17. May 18, 2023

    Read second time. Ordered to third reading.

18. May 18, 2023

    From committee: Do pass. (Ayes 11. Noes 1.) (May 18).

19. May 10, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

20. April 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.

21. March 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.

22. March 20, 2023

    Re-referred to Com. on H. & C.D.

23. March 16, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

24. February 17, 2023

    Referred to Coms. on H. & C.D. and L. GOV.

25. February 07, 2023

    From printer. May be heard in committee March 9.

26. February 06, 2023

    Read first time. To print.

Sponsors

• Timothy S. Grayson · Primary

Votes

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