September 10, 2024
The Honorable Gavin Newsom
Governor, State of California
1021 O Street, Suite 9000
Sacramento, CA 95814
AB 2023 (Quirk-Silva) Housing element: inventory of land: rebuttable presumptions Request for VETO
Dear Governor Newsom,
The City of San Marcos must regretfully oppose measure AB 2023.
AB 2023 does not remove an obstacle to meeting the statutory deadlines for housing element adoption. By adding over 90 days to the adoption process, this measure almost guarantees that housing elements will not be adopted by the statutory deadline. This is contrary to our mutual goal that all California cities adopt a housing element that complies with the statutory requirements in accordance with the statutory deadline.
Rather than requiring more review, California cities need meaningful, clear, and consistent direction from HCD that helps finalize local governments’ housing elements and put those plans to work to support much-needed housing construction.
Second, AB 2023 needs to be consistent with existing law. Under existing law, if HCD finds that a city’s housing element substantially complies with the law, then those findings receive a “presumption of validity” in a court case challenging the city’s housing element. Likewise, if HCD finds that a city’s housing element does not substantially comply, then those findings should also receive a “presumption of validity” rather than the “presumption of invalidity” given the city’s housing element by AB 2023.
California cities are committed to being part of the solution to the housing shortfall across all income levels and will continue to work collaboratively with you and other stakeholders on legislative proposals that will spur much-needed housing construction.
For these reasons, San Marcos requests your veto on AB 2023 and looks forward to working together to bolster local government efforts to support our residents.
Sincerely,
Rebecca D. Jones
Mayor
CC: The Honorable Governor Newsom
League of California Cities, [email protected]
City Council
[email protected]