Planning and Zoning Law: court orders: housing development projects.
The proposed legislation is designed to streamline housing development by ensuring that courts do not impose unnecessary restrictions that could hinder the progress of approved housing projects. By preventing judicial suspensions on building and zoning permits, AB 2137 is intended to alleviate some of the regulatory burdens faced by developers, thereby potentially increasing the rate of housing construction, particularly for very low, low-, and moderate-income households. This aligns with provisions of the Housing Accountability Act that prohibits local agencies from disapproving housing projects unless they provide justified findings.
Assembly Bill 2137, introduced by Assembly Member Wicks, seeks to amend Section 65755 of the Government Code concerning land use and planning. The bill aims to address housing development projects by stipulating that courts, when ruling in favor of plaintiffs challenging the validity of a general plan or mandatory element, cannot suspend the authority of municipalities to issue building permits, grant zoning changes or variances, or approve subdivision maps specifically for housing development projects. This change reflects a significant shift in the responsibilities and capabilities of local governments in managing housing projects within their jurisdictions.
Despite its intent to promote housing development, AB 2137 has garnered both support and opposition. Proponents argue that it is a necessary step towards alleviating California's housing crisis by expediting the approval process and reducing local government roadblocks. They believe this will facilitate more timely responses to housing shortages. However, critics claim that the bill undermines local control and the ability of communities to govern their development effectively. There are concerns that such top-down mandates could lead to uniformity at the expense of local needs and priorities, particularly in diverse community contexts where zoning decisions should reflect localized interests and environmental considerations.