AB 602, by Assembly Member Mike Feuer, seeks to change the
decision of a Court of Appeal (Urban Habitat v. City of
Pleasanton) relating to a statute of limitations for housing
elements and other housing related issues. More specifically, we
understand the bill will be amended to provide a five-year
statute of limitations for challenging a housing element and
related statutes, such as growth limitations, density bonus
ordinances, and zoning changes.
Further, we also understand that the California Building Industry
Association (CBIA) was successful in reaching agreement with the
author and sponsors by including an exemption from a court’s use
of a development moratorium should a local general plan or
general plan element be found out of compliance with existing
law. This exemption is intended to apply to tentative and vested
maps, as well as development agreements. However, counsel review
of the language suggests that the certainty sought by the CBIA
may not be accomplished by the language expected to be amended
into the bill.
CSAC, the League of California Cities and American Planning
Association remain opposed to this lengthy statute of
limitations. Further, a five-year statute of limitations would
potentially represent the entire housing element period for the
21 counties that are not automatically under the eight-year
housing element period pursuant to SB 375 (Chapter 728, Statutes
of 2008).
AB 602 has not been amended to date to contain the new language
and is currently on the Senate Floor. However, we urge counties
to follow this bill and review the new language for potential
impacts and exposure to litigation.
