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8J Consent 2021 0719
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8J Consent 2021 0719
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CM City Clerk-City Council - Document Type
Agenda
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7/19/2021
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Reso 2021-118 CSA Rincon Consultants for Housing Element Update 2023-2031
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ABAG Frequently Asked Questions about RHNA (July 2020) 15 <br />law, the housing accountability act, density bonus law, no net loss law, or land use discrimination <br />law. The consequences of those cases brought by the Attorney General are up to the courts, but <br />can include financial penalties. <br /> <br />In addition, as the housing element is one of the required components of the general plan, a <br />jurisdiction without a compliant housing element, may risk legal challenges to their general plan <br />from interested parties outside of HCD. <br /> <br />Local governments must also implement their commitments from the housing element, and the <br />statute has several consequences for the lack of implementation. For example, failure to rezone <br />in a timely manner may impact a local government’s land use authority and result in a carryover <br />of RHNA to the next cycle. Failure to implement programs can also influence future housing <br />element updates and requirements, such as program timing. HCD may investigate any action or <br />lack of action in the housing element. <br /> <br />Will my jurisdiction be penalized if we do not build enough housing? <br />For jurisdictions that did not issue permits for enough housing to keep pace consistent with <br />RHNA building goals, a developer can elect to use a ministerial process to get project approval <br />for residential projects that meet certain conditions. This, in effect, makes it easier to build <br />housing in places that are not on target to meet their building goals. <br /> <br />GLOSSARY OF ACRONYMS <br />ABAG - Association of Bay Area Governments <br />AMI – Area Median Income <br />DOF - California Department of Finance <br />HCD - California Department of Housing and Community Development <br />HMC - Housing Methodology Committee <br />MTC - Metropolitan Transportation Commission <br />RHNA - Regional Housing Need Allocation <br />RHND - Regional Housing Need Determination <br />RTP/SCS - Regional Transportation Plan/Sustainable Communities Strategy <br />TCAC - California Tax Credit Allocation Committee <br /> <br />822
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