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Legislative Bill Action SB 1227 (Burton). State Housing Bond. SB 1227 AB 1866 (Wright). Preemption of Local Authority. which places a $2.1 billion general obligation Second Units and Density Bonuses. The League, CSAC housing bond measure on the November 2002 and the Planners have taken an Oppose position on ballot, passed the Senate and was sent to the Gover- AB 1866. This bill: (1) Prohibits a local government nor. This legislation represents a major investment from exercising any discretionary review when in providing the subsidies required to build'the approving a second unit; (2) Makes a number of necessary housing, but it is only a beginning. An alterations, to density bonus law, including limiting ongoing investment of this magnitude is required affordability covenants for housing built within a just to attempt to keep pace with population growth, common interest development to 10 years; (3) let alone remedy existing deficits in affordable Provides that the interests of a developer in securing housing. Staff: Dan Carrigg, Status: On the a density bonus overrides all other local policies and Governor's Desk, Position: Request for Signature. laws, and (4) Establishes a legal process where developers are favored to prevail when they sue AB 2292 (Dutra). Preemption of Local Authority local governments. and Property Rights. The League, the California State Association of Counties, and the American Planning After arguments were made in opposition to this Association have joined together in opposition to AB bill on April 10, this bill was put over by the commit- 2292. This bill: (1) Prohibits a city or county from tee until a .later date while potential amendments are reducing the residential density for any parcel below discussed to mitigate some of the concerns with this the density that was utilized in determining compli- bill. However, be advised--many members of this ance with the jurisdiction's housing element by committee appear poised to pass this legislation administrative, adjudicative, or legislative action or with only minor modifications. Those local govern- by a vote of its electorate, unless the city, county, or ments that want to preserve discretion over second city and county makes written findings supported by unit approvals, and are concerned about the lan- substantial evidence that the reduction is consistent guage in the density bonus provisions which permit with the adopted general plan, including the hous- a developer's demand for a density bonus to trump ing element, and other provisions of law relating to all other local ordinances and policies, should density and incentives for developers to build lower contact their legislators immediately. Staff: Dan income housing; (2) Declares that this requirement Carrigg, Status: AsHou&ComDev/AsLG, Position: shall be in addition to any other law that may . Oppose. restrict or limit the reduction of residential density; and (3) Requires that if a court finds that an action AB 2875 (Vargas). Military Base Retention. AB of a city, county, or city and county is in violation of 2875 authorizes the Trade and Commerce Agency to this bill, the court shall award the plaintiff reason- approve a five-year extension of a local military base able attorney fees and costs of suit. recovery area designation pursuant to criteria and procedures that the agency would be required to AB 2292 removes both discretion and authority develop and adc~t by regulations. The initial from the lOcal government, restricts the freedom of a designation of these areas, which are limited to property owner to obtain a desired down-zoning or eight years by statute, are due to expire this year. rezoning of their property from a local government, The League supports the availability of continued and provides an incentive for litigation by requiring incentives to assist in the economic reuse of closed local governments, and their tax payers, to pay the military facilities. The recovery of a community from attorneys fees of those who sue them. Staff: Dan a base closure, and effo~s to clean up environmental Carrigg, Status: AsJud, Position: Oppose. conditions, attract private investment, and redevelop the land, is a process that can take several decades Visit the League's Official Web Site--www. cacities.org PRIORITY FOCUS/PAGE 7