Board asks state to clarify HCD timeline after PRA shows no substantive review after March 15, 2024
March 15, 2026 | Santa Cruz County, California
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Residents and supervisors pressed the Santa Cruz County Board of Supervisors on March 10 to ask the California Department of Housing and Community Development (HCD) to correct or clarify the date on its certification letter for the county's housing element. Public records obtained by neighbors showed HCD's legal affairs division told the county that no substantive review was conducted after March 15, 2024; speakers said that finding undercuts HCD's later letter and could affect determinations about the so-called builder's remedy.
Supervisor Koenig and others said the discrepancy emerged in a Public Records Act response and argued the county had been in substantial compliance on March 15; they asked the board to direct the chair to request a formal HCD clarification to reflect HCD's own internal records. Residents of Live Oak and other neighborhoods whose properties adjoin proposed builder's remedy projects urged the board to act so that HCD's record matches its internal findings.
County counsel told the board that asking for a clarification or correction is legally permissible but cautioned that any subsequent change in HCD's position could expose the county to litigation depending on how the board or other decision-makers treated the new information. Counsel said the law has not changed and that legal risk depends on subsequent board actions informed by any HCD response.
After extended public comment and internal discussion, the board voted 4-1 to send a letter to HCD asking it to issue a clarification confirming the county's substantial compliance date and to send copies of the request to state legislative offices. Chair Martinez voted no, citing a desire for additional time to review legal implications and consult legislators, while other members said the county should exhaust administrative avenues and enlist state representatives already engaged on the issue.
The board's action instructs the chair to deliver that request and directs staff to report back on March 24 with potential implications for pending builder's remedy projects.
Supervisor Koenig and others said the discrepancy emerged in a Public Records Act response and argued the county had been in substantial compliance on March 15; they asked the board to direct the chair to request a formal HCD clarification to reflect HCD's own internal records. Residents of Live Oak and other neighborhoods whose properties adjoin proposed builder's remedy projects urged the board to act so that HCD's record matches its internal findings.
County counsel told the board that asking for a clarification or correction is legally permissible but cautioned that any subsequent change in HCD's position could expose the county to litigation depending on how the board or other decision-makers treated the new information. Counsel said the law has not changed and that legal risk depends on subsequent board actions informed by any HCD response.
After extended public comment and internal discussion, the board voted 4-1 to send a letter to HCD asking it to issue a clarification confirming the county's substantial compliance date and to send copies of the request to state legislative offices. Chair Martinez voted no, citing a desire for additional time to review legal implications and consult legislators, while other members said the county should exhaust administrative avenues and enlist state representatives already engaged on the issue.
The board's action instructs the chair to deliver that request and directs staff to report back on March 24 with potential implications for pending builder's remedy projects.
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