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6-A -12 Legislative Bill Action ................................ ............................... positive, no housing funds are provided, and it is a bit unclear which specific funds are targeted and how this provision affects the priorities that already apply to other funds. Clearly, this bill raises concerns over a trans- fer of local land use authority to the state, by empowering a committee at HCD to order local governments to approve projects or remove conditions. Developers who believe that their projects have been unjustly treated by a local government already have recourse to the courts under Anti -Nimby Law, Section 65589.5 of the Government Code, which requires a judge —a neutral pa"o decide if the local government has complied with the law. This bill, however, appears to give developers the ability to direct appeals to a committee, instead of a neutral judge. Furthermore, this bill enables developers to challenge conditions imposed on a development at the local level which they believe are "infea- sible." The HAC would be able to override these conditions if they felt they were unreasonable and inconsistent with meeting local housing needs. No state conditions which affect housing cost, however, such as recently imposed prevailing wage requirements, are on the table. Cities should review this measure carefully. This mea- sure will be reviewed at the upcoming League policy meeting of the Housing, Community, and Economic Development Committee. Staff: Dan Carrigg, Status: Likely Assignment: SenHou &ComDev, Position: Review and Com- ment. AB 1160 (Steinberg). Second Units /Density Bonuses /Housing on School Sites. AB 1160 is a follow -up to last year's AB 1866 (Wright) spon- sored by the California Association of Realtors and low- income legal aid advocates. This bill does three things: Second Units Last year's measure, AB 1866, made the second unit review and approval pro- cess entirely ministerial, but continued to allow local governments flexibility in identifying the zones, development standards, and other criteria through local ordinances. This measure • Requires local governments to permit second units in all residential zones, but impose greater restrictions in certain zones. • Prohibits local governments from applying standards or conditions which are not "objective' or would preclude the construction of second units at a defined affordable housing cost (an income- based formula applied to state subsidized hous- ing, including criteria for extremely low income households at 30 percent of 30 percent of median income). This requirement may be waived if the local government makes a finding that either the local standard or condition is not required to allow a unit to be developed at affordable housing cost, or making a narrow specified finding. • Prohibits a local ordinance from requiring an owner - occupant to live on the property in either the primary dwelling or second unit. • Prohibits a local ordinance from restricting the rent or income of occupants, or occupancy based upon age, unless required by a local rent control ordinance, or inclusionary zoning policies. • Increases the minimum permittable size of a second unit to at least 400 square feet. Imposes maximum sizes of either 40 percent of the existing dwelling or 1,200 square feet. • Prohibits a local ordinance from requiring more than one parking space for every two bedrooms. Prohibits a local ordinance from requiring covered parking. Requires off - street, on street, and tan- dem parking to be permitted. Allows a second unit applicant to request an additional 50 percent reduction (one -space per three bedrooms) of the above parking requirements If the unit is within one -half mile of a rail station, or the intersection of two or more major bus routes. Density Bonus Requires a local government to grant a 25 percent reduction in parking stan- dards, and a 50 percent reduction If the project is within one -half mile of a rail station, or the inter- section of two or more major bus routes. Ex- PAGE 12 /PRIORITY FOCUS Visit the League's Official Web Site-- www.cacities.org