AB 1413 (Chapter 265, Statutes of 2024)

This bill amends Government Code Section 65589.5, which prohibits a local agency from disapproving a housing development project, as described, unless it makes certain written findings based on a preponderance of the evidence. “Disapprove the housing development” includes, among other things, until January 1, 2031, any instance in which a local agency fails to adopt a negative declaration or addendum for the project, to certify an environmental impact report (EIR) for the project, or to approve another comparable environmental document, if certain conditions are satisfied, or fails to make a determination of whether the project is exempt from CEQA or commits an abuse of discretion if certain conditions are met, including that the applicant has given timely written notice to the local agency, as specified. The prior law required the local agency, within 5 working days of receiving the notice, to file the notice with the county clerk for each county in which the project will be located, as specified.

AB 1413 will require the local agency, within 5 working days of receiving the notice, to post the notice on the local agency’s website and provide a copy to specified persons. The bill would additionally require the local agency to consider all objections, comments, evidence, and concerns submitted about the project or the applicant’s written notice, and would prohibit the local agency from making a determination until at least 60 days after the applicant has given timely written notice. The bill makes technical changes to the above-described provisions of the Housing Accountability Act defining “disapprove the housing development.”