Recently effective and pending state housing laws

Allen Matkins – May 23

Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. AB 2243 would amend AB 2011. AB 1893 and AB 1886 would amend Builder’s Remedy provisions under the Housing Accountability Act. AB 2560 and SB 951 would help facilitate housing development in the coastal zone. AB 3068 would provide for the streamlined ministerial (i.e., no CEQA) approval of qualifying adaptive reuse projects involving the conversion of an existing building to residential or mixed-uses. SB 1227 would help facilitate middle-income housing and other projects in the San Francisco Downtown Revitalization Zone.

News

Huntington Beach loses housing mandate lawsuit against California

The Orange County Register – May 16

A San Diego Superior Court judge has ruled that Huntington Beach violated state law when officials refused to plan for more housing to be built in the city, a major win for the state in its lawsuit filed more than a year ago. The state sued the city in March 2023 after the City Council refused to pass an updated housing element. On May 14 the Superior Court judge ordered the city to adopt a new housing element in compliance with state law within 120 days. A compliant housing element from the city would have to adopt zoning changes to allow developers to build at least 13,368 housing units this decade. According to Mayor Gracey Van Der Mark, “the City Council has instructed the city attorney to appeal and combat the state’s lawsuits attempting to impose unsustainable and irresponsible high-density housing on our city.”

San Diego is hiking developer fees, months after moving to fast-track approvals

The San Diego Union-Tribune – May 15

The San Diego City Council recently approved a new fee structure for the Development Services Department that aims to boost the department’s annual revenue by $15.6 million. While a consultant’s analysis says the hikes are warranted and will only cover the city’s costs, some local developers and business community members are raising concerns. The San Diego Regional Chamber of Commerce stressed that long delays in securing permits are still common and suggested the increases should come with caps on how long approvals take and refunds when there are delays.

California wants cities to plan for more housing. Cities say the rules are unclear

KQED – May 17

State auditors will examine California’s system for reviewing and approving cities’ plans to make way for more homes, which has grown increasingly contentious amid the housing crisis, especially for cities that had long faced little pressure to plan for growth. The audit approved last week by the Joint Legislative Audit Committee will look at how the state reviews housing elements to make sure the standards are consistent and clear enough for cities and counties to actually follow. The state auditor will select at least 10 cities with compliant housing elements and the same number of cities that are out of compliance.

Indigenous tribe sues L.A. County, archdiocese over the 'desecration' of more than 100 graves

Los Angeles Times – May 20

The Gabrieleno Band of Mission Indians, also known as the Kizh Nation, is suing Los Angeles County, the Archdiocese of Los Angeles, and the nonprofit La Plaza de Cultura y Artes, saying that their ancestors' remains were mishandled when they built the Mexican American museum in downtown L.A. The Kizh Nation alleges in the lawsuit filed last week in Los Angeles County Superior Court that construction work at the plaza resulted in the "desecration" of more than 100 graves, the suit states.