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AgdaPkt 2003-03-24
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AgdaPkt 2003-03-24
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10/24/2017 11:45:13 AM
Creation date
3/20/2003 3:13:44 PM
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CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
3/24/2003
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A , 72 <br />Legislative Bill Action <br />................................ ............................... <br />The following are summaries of just a few of the legislative bills that are currently being acted upon <br />by the League of California Cities. For more information about these and other bills, please visit <br />the League website's new "Issues and Advocacy" page (www.cacities.oml <br />issuesandadvocacv) — a one -stop location to access information about legislation, policy issues' <br />and related developments. You can track information on bills (www.cacities.orgAegtracking), locate <br />legislators and legislative committees, send letters to legislators or the media through the online <br />Advocacy Center, research League policy positions, access useful related links, and much more. <br />HOUSING AND LAND USE <br />; B 619 (Ducheny) Land Use Authority: No <br />Public Hearings /Litigation: This bill removes <br />local land use authority in a variety of areas, <br />expands opportunities for litigation, and makes a <br />number of changes to the Cal -Home program. In <br />brief, this bill: <br />1) Eliminates public hearings for any residential <br />developments up to 150 units, or any commercial <br />mixed use project at least two stories tall, where the <br />commercial uses are restricted to the first floor. <br />These proposals can only be reviewed or disap- <br />proved by planning staff. <br />2) Appears to state that the above projects <br />must be "consistent with the applicable general <br />plan land use designation, zoning ordinance, and <br />development standards," but then undercuts that <br />language in the following way: <br />a) States that the above development stan- <br />dards apply provided that they are implementec :n <br />a manner consistent with language opposed by the <br />League, CSAC, APA in AB 1866 (Wright). The <br />language cited is a definition of "development <br />standard" in Density Bonus Law which prohibits a <br />local government from applying "any ordinance, <br />general plan element specific plan charter amend <br />ment or other local condition law, nn /icy resolutio <br />or regulation. "that a developer demands to be <br />waived, or the city may be sued and face manda- <br />tory attorney fees. <br />b) Limits the application of CEQA mitigation to <br />those measures applicable to a plan or program, as <br />they existed on the date that the development <br />application was deemed complete. This language <br />is inconsistent with Sections 15182 and 15183 of <br />the CEQA guidelines, which acknowledges that a <br />development project may have environmental <br />effects not previously analyzed in the plan or <br />program. <br />c) In a provision apparently aimed at charter <br />cities, the bill states that consistency with the <br />zoning is not required if the property has not been <br />rezoned to conform to the general plan. <br />d) Uses a special definition of affordable hous- <br />ing that ensures that "middle income" housing, <br />housing affordable up to 150% of median income, <br />is covered under the bill. In some communities this <br />could be most of their housing stock. <br />2) Adds commercial mixed -use projects (at least <br />two stories tall) to density bonus law. Once under <br />this law, developers of these projects would be able <br />to demand the waiver of "any ordinance, general <br />plan element, specific plan, charter amendment, or <br />c ier local condition, law, policy, resolution or <br />regulation, "or the city may be sued and face <br />mandatory attorney fees. In addition, the sponsors <br />of this measure are also amending this same law <br />through another bill, AB 1160 (Steinberg), to re- <br />quire a local government to grant a 25 percent <br />reduction in parking standards, and a 50 percent <br />parking reduction if the project is within one -half <br />mile of a rail station, or the intersection of two or <br />more major bus routes. <br />3) Amends an existing section of law which <br />protects local governments from CEQA litigation <br />when they have approved affordable housing and <br />authorizes a court to grant attorney's fees to the <br />PAGE 8 /PRIORITY FOCUS Visit the League's Official Web Site-- www.cacities.org <br />
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