California 2023-2024 Regular Session

California Assembly Bill AB2314

Introduced
2/12/24  
Refer
3/18/24  
Refer
3/18/24  
Report Pass
3/19/24  
Report Pass
3/19/24  
Refer
3/20/24  
Report Pass
4/4/24  
Refer
4/8/24  

Caption

Tribal housing developments: use by right: density.

Impact

The bill imposes additional responsibilities on local governments, effectively prohibiting them from setting maximum density limits on tribal housing developments that comply with the law. The legislation is framed as a response to broader, statewide concerns about housing availability and aims to simplify regulatory hurdles that may otherwise delay or prevent tribal housing projects from materializing. By centralizing authority at the state level, the bill emphasizes a legislative intent for inclusivity and expediency in addressing housing shortages within indigenous communities.

Summary

AB 2314, introduced by Assembly Member Lee, seeks to address the challenges of tribal housing developments by providing a 'use by right' status for such projects. Under this proposal, tribal housing developments located on land owned in fee simple by the tribe will not require a conditional use permit if they fulfill certain requirements, including situating the development on an infill lot and ensuring it is not on environmentally sensitive land. This is a significant shift, as it allows for expedited approval processes for housing initiatives that are crucial for meeting community needs.

Sentiment

General sentiment around AB 2314 appears supportive, particularly among tribal advocates and housing developers who view the bill as a progressive step towards alleviating housing crises in tribal areas. However, some local officials and community members express concerns regarding the potential for overreach, fearing that it may undermine local input or lead to developments that do not align with local planning goals. This dichotomy reflects broader tensions in legislative approaches to housing policy that often pit community preferences against state-level mandates for housing availability.

Contention

Notable points of contention revolve around the bill's implications for local governance and traditional zoning practices. Opponents argue that the removal of local density requirements could lead to developments that might not adequately consider community context or infrastructure capabilities. Supporters counter that the urgency of the housing crisis necessitates breaking through what they see as outdated barriers that hinder tribal self-determination in housing development. Ultimately, the success of AB 2314 will hinge on its implementation and the balance it strikes between state authority and local autonomy.

Companion Bills

No companion bills found.

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