AB 602 - An Act to Amend Sections 65009, 65589.3, and 65755 of the Government Code, Relating to Land Use.

An Act to Amend Sections 65009, 65589.3, and 65755 of the Government Code, Relating to Land Use.

AB 602 — 2009-2010 Legislature

Summary

Existing law, the Planning and Zoning Law, requires an action or proceeding against local zoning and planning decisions of a legislative body to be commenced and the legislative body to be served within a year of accrual of the cause of action if it meets certain requirements. Where the action or proceeding is brought in support of or to encourage or facilitate the development of housing that would increase the community’s supply of affordable housing, a cause of action accrues 60 days after notice is filed or the legislative body takes a final action in response to the notice, whichever occurs first.

This bill would authorize the notice to be filed any time within 5 years after a specified action pursuant to existing law. The bill would declare the intent of the Legislature that its provisions modify a specified court opinion. The bill would also provide that in that specified action or proceeding, no remedy pursuant to specified provisions of law abrogate, impair, or otherwise interfere with the full exercise of the rights and protections granted to a tentative map application or a developer, as prescribed.

Existing law establishes a rebuttable… More

Existing law, the Planning and Zoning Law, requires an action or proceeding against local zoning and planning decisions of a legislative body to be commenced and the legislative body to be served within a year of accrual of the cause of action if it meets certain requirements. Where the action or proceeding is brought in support of or to encourage or facilitate the development of housing that would increase the community’s supply of affordable housing, a cause of action accrues 60 days after notice is filed or the legislative body takes a final action in response to the notice, whichever occurs first.

This bill would authorize the notice to be filed any time within 5 years after a specified action pursuant to existing law. The bill would declare the intent of the Legislature that its provisions modify a specified court opinion. The bill would also provide that in that specified action or proceeding, no remedy pursuant to specified provisions of law abrogate, impair, or otherwise interfere with the full exercise of the rights and protections granted to a tentative map application or a developer, as prescribed.

Existing law establishes a rebuttable presumption, in any action filed on or after January 1, 1991, taken to challenge the validity of a housing element, of the validity of a housing element or amendment if the Department of Housing and Community Development has found that the element or amendment substantially complies with specified provisions of existing law.

This bill would provide that in any action brought against a city, county, or city and county to challenge the adequacy of a housing element, if a court finds that the adopted housing element or amended housing element for the current planning period substantially complies with specified provisions, the element or amendment be deemed to satisfy any condition of a state-administered housing grant program requiring a department finding of housing element compliance. Hide

Learn More

At LegInfo.ca.gov

Title

An Act to Amend Sections 65009, 65589.3, and 65755 of the Government Code, Relating to Land Use.

Author(s)

Mike Feuer

Co-Authors

• Darrell Steinberg

Subjects

• Land use and planning: cause of actions: time limitations

Major Actions

Introduced	2/25/2009
Referred to Committee
Passed Assembly Committee on Business, Professions and Consumer Protection	3/31/2009
Passed Assembly Committee on Appropriations	4/22/2009
Passed Assembly	5/04/2009
Passed Senate Committee on Transportation and Housing	6/29/2010
Passed Senate	8/24/2010
Passed Assembly Committee on Judiciary	8/25/2010
Passed Assembly Committee on Judiciary	8/25/2010
Failed passage in Assembly Committee on Local Government	8/26/2010
Passed Assembly Committee on Local Government	8/26/2010
Passed Assembly Committee on Local Government	8/30/2010
Passed Assembly	8/30/2010
Presented to the governor (enrolled)	9/13/2010
Vetoed by Governor	9/30/2010
Vetoed by Governor	9/30/2010

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Business, Professions and Consumer Protection	Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.	3/31/2009	This motion PASSED the Assembly Committee on Business, Professions and Consumer Protection 11 voted YES 0 voted NO 0 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass, to Consent Calendar.	4/22/2009	This motion PASSED the Assembly Committee on Appropriations 16 voted YES 0 voted NO 1 voted present/not voting
select this vote	Assembly	AB 602 PRICE Consent Calendar Second Day Regular Session	5/04/2009	This bill PASSED the Assembly 79 voted YES 0 voted NO 1 voted present/not voting
select this vote	Senate Committee on Transportation and Housing	Do pass.	6/29/2010	This motion PASSED the Senate Committee on Transportation and Housing 6 voted YES 3 voted NO 0 voted present/not voting
currently selected	Senate	Assembly 3rd Reading AB602 Feuer By Steinberg	8/24/2010	This bill PASSED the Senate 27 voted YES 5 voted NO 7 voted present/not voting
select this vote	Assembly Committee on Judiciary	Be referred to Committee on Local Government.	8/25/2010	This motion PASSED the Assembly Committee on Judiciary 6 voted YES 1 voted NO 3 voted present/not voting
select this vote	Assembly Committee on Judiciary	Senate amendments be concurred in.	8/25/2010	This motion PASSED the Assembly Committee on Judiciary 6 voted YES 1 voted NO 3 voted present/not voting
select this vote	Assembly Committee on Local Government	Senate amendments be concurred in.	8/26/2010	This motion DID NOT PASS the Assembly Committee on Local Government 3 voted YES 2 voted NO 4 voted present/not voting
select this vote	Assembly Committee on Local Government	Set first hearing. Failed passage. Reconsideration granted.	8/26/2010	This motion PASSED the Assembly Committee on Local Government 9 voted YES 0 voted NO 0 voted present/not voting
select this vote	Assembly Committee on Local Government	Senate amendments be concurred in.	8/30/2010	This motion PASSED the Assembly Committee on Local Government 5 voted YES 1 voted NO 3 voted present/not voting
select this vote	Assembly	AB 602 Feuer Concurrence in Senate Amendments	8/30/2010	This bill PASSED the Assembly 53 voted YES 20 voted NO 5 voted present/not voting

	Action	Date	Description
	Introduced	2/25/2009
		2/25/2009	Read first time. To print.
		2/26/2009	From printer. May be heard in committee March 28.
		3/16/2009	Referred to Com. on B. & P.
		3/25/2009	From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
		3/26/2009	Re-referred to Com. on B. & P.
		3/31/2009	From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 11. Noes 0.) (March 31).
select this vote	Vote	3/31/2009	Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.
select this vote	Vote	4/22/2009	Do pass, to Consent Calendar.
		4/23/2009	From committee: Do pass. To Consent Calendar. (April 22).
		4/27/2009	Read second time. To Consent Calendar.
		5/04/2009	Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1241.)
		5/04/2009	In Senate. Read first time. To Com. on RLS. for assignment.
select this vote	Assembly Vote on Passage	5/04/2009	AB 602 PRICE Consent Calendar Second Day Regular Session
		5/14/2009	Referred to Com. on B., P. & E.D.
		6/18/2009	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.
		6/22/2009	Withdrawn from committee. Re-referred to Com. on RLS.
		6/25/2009	Re-referred to Com. on HEALTH.
		7/07/2009	Withdrawn from committee. Re-referred to Com. on RLS.
		8/27/2009	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
		2/04/2010	Re-referred to Com. on T. & H.
		6/21/2010	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.
select this vote	Vote	6/29/2010	Do pass.
		6/30/2010	From committee: Do pass. (Ayes 6. Noes 3.) (June 29).
		7/01/2010	Read second time. To third reading.
		8/20/2010	Read third time, amended. To second reading.
		8/23/2010	Read second time. To third reading.
		8/24/2010	Read third time, passed, and to Assembly. (Ayes 27. Noes 5. Page 4822.)
		8/24/2010	In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
currently selected	Senate Vote on Passage	8/24/2010	Assembly 3rd Reading AB602 Feuer By Steinberg
		8/25/2010	Re-referred to Coms. on JUD. and L. GOV. pursuant to Asssembly Rule 77.2. Joint Rule 62(a), file notice suspended. (Page 6690.)
select this vote	Vote	8/25/2010	Be referred to Committee on Local Government.
select this vote	Vote	8/25/2010	Senate amendments be concurred in.
		8/26/2010	From committee: With recommendation: That Senate amendments be concurred in, and re-refer to Com. on L. GOV. Re-referred. (Ayes 6. Noes 1.) (August 25). Joint Rule 62(a), file notice suspended. (Page 6756.) In committee: Set first hearing. Failed passage. Reconsideration granted.
select this vote	Vote	8/26/2010	Senate amendments be concurred in.
select this vote	Vote	8/26/2010	Set first hearing. Failed passage. Reconsideration granted.
		8/27/2010	Joint Rule 62(a), file notice suspended. (Page 6774.)
		8/30/2010	From committee: With recommendation: That Senate amendments be concurred in. (Ayes 5. Noes 1.) (August 30). Senate amendments concurred in. To enrollment. (Ayes 53. Noes 20. Page 6862.)
select this vote	Vote	8/30/2010	Senate amendments be concurred in.
select this vote	Assembly Vote on Passage	8/30/2010	AB 602 Feuer Concurrence in Senate Amendments
		9/13/2010	Enrolled and to the Governor at 5 p.m.
	Vetoed	9/30/2010	Vetoed by Governor.