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ASSEMBLY BILL 4099 (HAUSER – 1988)

CHAPTER 541, STATUTES OF 1988

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Evidence Code section 669.5 was amended by legislative passage of Assembly Bill 4099, introduced by Assembly member Dan Hauser on February 19, 1988.  (See Exhibit #1d)  Assembly Bill 4099 was a single issue bill, affecting only Evidence Code section 669.5, regarding presumptions for building restrictions.  (Id.)

This measure was heard in the Assembly Committee on Housing and Community Development and the Senate Committee on Housing and Urban Affairs.  (See Exhibits #3 and #5)  Two amendments were made to the bill.  (See Exhibit #1b, #1c and #2)  Assembly Bill 4099 was approved by the Legislature on August 12, 1988, signed by Governor George Deukmejian on August 23, 1988, and was recorded on August 24, 1988, as Chapter 541 of the Statutes of 1988.  (See Exhibits #1d and #2)

A summary of Assembly Bill 4099, as last amended on June 28, 1988, was furnished by the Office of Senate Floor Analyses in its Third Reading analysis as follows:

This bill applies the rebuttable presumption governing ordinances limiting building permits or lots to ordinances that change the standards of residential development on vacant land, if the change results in the locality being in violation of the requirement to zone sufficient land to meet housing needs.
(See Exhibit #7, page 1)