Bill Tracker

AB 3194 (Daly) Housing Accountability Act: Project Approval

Position:Watch
Status:Chaptered by Secretary of State - Chapter 243, Statutes of 2018
Summary:

Makes a number of changes to the Housing Accountability Act (HAA). Specifically:

1) Declares the intent of the Legislature to establish a very high threshold for a local agency to justify denying or conditioning a housing project for health or safety reasons, that the conditions for denying a project under the HAA are very rare, and that regularly occurring planning issues do not rise to the level of a "specific, adverse impact upon the public health and safety."

2) Provides, for purposes of the HAA, that a housing development shall not be found inconsistent with, not in compliance, or not in conformity, with the applicable zoning ordinance, and shall not require the site to be rezoned, if the existing zoning ordinance does not allow for the maximum allowable residential use, density and intensity for the site allowable under the housing element or the land use element of the general plan if it was adopted or updated within the previous 10 years. Specifies that if a conflict exists between the housing element and the land use element, that the housing element shall prevail, regardless of whether the housing element was adopted or updated at an earlier date.

More Info:Legislative Website Info
Last Updated:September 27, 2018