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OFFICE OF THE CITY COUNCIL
4 is O 990 Palm Street ■ San Luis Obispo, CA 93401-3249 ■ 805/781-7119
May 9, 2013
VIA FACSIMILE ONLY 916-319-2130
The Honorable Luis A. Alejo
California State Assembly
State Capitol Building, Room 2117
Sacramento, CA 95814
RE: AB 325 (Alejo). Land use and planning: cause of actions: time limitations
NOTICE OF OPPOSITION
Dear Assembly Member Alejo:
The City of San Luis Obispo opposes your legislation, AB 325, which would expand
the statute of limitations to file suit against a city's housing element to over four years.
Government Code Section 65009 states that legal action against a city or county "has a
chilling effect on the confidence with which property owners and local governments can proceed
with projects." In addition, "The purpose of this section is to provide certainty for property
owners and local governments regarding decisions made pursuant to this division." Expanding
the statute of limitations goes against the very purpose of this section with which this bill seeks
to amend.
AB 325 is an attempt to expand the current statute of limitations without regard to
whether a city's housing element follows the letter of the law or a jurisdiction fails to adopt a
housing element entirely. Our city has worked hard to meet the state's statutory housing
requirements. The possibility of a lawsuit looming over our head for over four years would have
a devastating effect on development and our local economy.
For these reasons, the City San Luis Obispo has an oppose position on AB 325.
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Sincerely,
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Jan Marx
Mayor
cc: City Council
Katie Lichtig, City Manager
Senator Bill Morning, fax 916-445-8081
Assembly Member Katcho Achadjian, fax 916-319-2135
David Mullinax, League of California Cities
Kirstin Kolpitcke, League of California Cities, fax 916-658-8240