Cal Building Indus. etc. v. City of San Jose

Background Repeatedly throughout Title 7 of the Government Code the Legislature has highlighted the "severe shortage of affordable housing" in this state, "especially for persons and families of low and moderate income." (Gov. Code, § 65913, subd. (a).)1 In the Housing Accountability Act the Legislature stated that the lack of housing "is a critical problem that threatens the economic, environmental, and social quality of life in California." (§ 65589.5, subd. (a)(1).) The Legislature further recognized that "California housing has become the most expensive in the nation." (§ 65589.5, subd. (a)(2).) Accordingly, the Legislature has expressly declared that the availability of housing for every Californian is "of vital statewide importance." (§ 65580.)2 To that end, local governments are charged with the responsibility of facilitating the provision of housing for "all economic segments of the community." (Ibid.) Each locality, however, is acknowledged as "best capable of determining what efforts are required by it to

1 All further statutory references are to the Government Code unless otherwise indicated. 2 "The Legislature finds and declares as follows: [¶] (a) The availability of…