HomeMy WebLinkAboutAB 1886 (Alvarez) Housing Element Law, Substantial Compliance - Letter of OPPOSITIONCity of San Luis Obispo, Office of the City Council, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7114,
slocity.org
May 14, 2024
The Honorable Dawn Addis
Member, California State Assembly
1021 O St., Ste. 5350
Sacramento, CA 95814
RE: AB 1886 (Alvarez) Housing Element Law: Substantial Compliance
Notice of Opposition (As of April 1, 2024)
Dear Assemblymember Addis,
The City of San Luis Obispo regretfully must oppose measure AB 1886 (Alvarez), because it turns its back to a
fundamental provision of housing element law: A city may disagree with HCD; explain why its housing element is
in substantial compliance with the law; and then adopt that housing element which is thereafter considered “in
substantial compliance with housing element law.”
For decades, cities have worked with HCD to draft housing plans that accommodate their fair share of housing at
all income levels. These extensive and complex plans can take years to develop, include public involvement and
engagement, and environmental review. Cities go to great lengths to ensure that their housing element
substantially complies with the law, even if HCD disagrees. Current law acknowledges this fact by allowing cities
to “self-certify” their housing element or take the issue to court and have a judge make the final determination of
substantial compliance.
AB 1886 encourages “builder’s remedy” projects by eliminating self-certification for the purpose of what it means
to have a housing element “in substantial compliance with the law.” The “builder’s remedy” allows a developer to
choose any site other than a site that is identified for very low-, low-, or moderate-income housing, and construct
a project that is inconsistent with both the city’s general plan and zoning. AB 1886 facilitates such projects for
those cities that have a good faith disagreement based in substantial evidence.
The City of San Luis Obispo is successfully implementing Housing Element policies and supporting housing
production, however, as housing legislation and development are complex it can lead to interpretation challenges
and the City believes that AB 1886 is counterproductive. What is really needed is for HCD to partner with cities to
provide meaningful direction that helps them finalize their housing elements and put those plans to work so that
much needed housing construction can occur. For these reasons, the City of San Luis Obispo must oppose AB 1886
(Alvarez).
Sincerely,
Erica A. Stewart
Mayor
Cc: The Honorable David A. Alvarez
Senator John Laird
Dave Mullinax, League of California Cities
League of California Cities, cityletters@calcities.org