Planning and zoning: cause of action: time limitations.
The legislation specifies that any legal action challenging a decision made by a city, county, or city and county must be initiated within 90 days of that decision. This timeframe can be extended in certain cases, particularly where the actions are in support of or aimed at fostering affordable housing development. By establishing these strict time limitations, the bill seeks to enhance certainty for property owners and local governments, allowing for a more efficient resolution process and potentially increasing the speed at which housing projects can move forward.
Assembly Bill No. 1771, introduced by Assembly Member Kamlager-Dove, amends Section 65009 of the Government Code, focusing on land use and the time limitations related to causes of action challenging decisions made by public agencies regarding planning and zoning. This bill acknowledges California's housing crisis and aims to expedite housing development by reducing delays associated with challenging agency decisions in court. It sets forth rules for the timing of legal actions that dispute the decisions of local governments regarding land use and planning approval processes.
AB 1771 presents potential points of contention regarding local governance and the preservation of public inputs in decision-making processes. Critics may argue that shortening the time for legal challenges undermines community voices in local land-use deliberations. The bill could discourage public participation by placing constraints on when individuals can raise objections to zoning decisions. Moreover, local entities may worry that their ability to respond to emerging concerns regarding housing developments could be compromised, thereby affecting the quality of decision-making in the face of rapid development.