Californians for Homeownership v. City of La Habra

FACTS

I.

LEGAL BACKGROUND: THE HOUSING ELEMENT LAW

A city’s general plan includes a housing element that analyzes existing and projected housing needs and discusses housing goals, policies, and programs. (Gov. Code1, §§ 65300, 65302, subd. (c), 65583.) The housing element must be reviewed and revised pursuant to a statutory timetable, generally every eight years. (See § 65588, subd. (a), (b), (e)(3)(A)(i).) During that revision process, the Department of Housing and Community Development reviews the housing element and issues findings on whether it substantially complies with state law. (§ 65585, subd. (d), (h);

1 All further undesignated statutory references are to this code.

2 Health & Safety Code, § 50459, subd. (b).) Multiple drafts may be required in order to secure Department certification. (See § 65585, subd. (b), (d), (f), (h).) Section 65585 describes the various steps for the revision and certification process.2 No model of clarity, the statute references first draft revisions, subsequent draft revisions, adopted revisions (sometimes called adopted elements), draft amendments, subsequent draft amendments, and adopted amendments. The term “revision” plainly refers to…