AgdaPkt 2004-01-26 - Laserfiche WebLink

Browse Search

, - 0,A,~ SECOND UNIT HOUSING lEGISLATION (AS 1160 . STEINBERG) DELAYED INDEFINITElY Thank you to all cities that sent opposition chairs of various committees while broader discus- letters. sions of housing element reforms were occurring. However, based upon discussion with AsselT''lly Assemblyman Darrell Steinberg has chosen not staff, it appears that the author will probably I:v to to set for hearing his second unit housing legisla- move the bill from the Senate to the Assembly tion, AB 1160, declining the January 14 hearing Housing and Community Development Committee date offered by the Assembly Housing and Commu- later this month, and possibly later through the . nity Development Committee. This means and the Assembly Housing Committee. It is, therefore, measure will not be acted upon in 2004. important that cities take a position on this legisla- tion sooner rather than later. This latest development is good news for cities that aggressively opposed the measure because SB 744 gives the California Department of of its pre-emption of local land use authority. Cities' Housing and Community Development (HCD) the concerns focused on three areas of preemption: authority to overturn local land use decisions after (1) numerous restrictions on local second unit hearing appeals from housing development appli- ordinances, (2) reducing parking standards up to cants who were previously denied approval or 58 percent on density bonus projects, and (3) granted approval with conditions by a local agency. establishing housing as a permitted use on all HCD is empowered to overrule local decisions that public school sites. it views as "not reasonable or consistent with local housing needs." This legislation sought to build on AB 1866 (Wright), of 2002, a controversial measure which The League is concerned that SB 744 transfers removed the authority for local governments to significant local land use authority to HCD, by require conditional use permits and prohibited giving the department the authority to order local public hearings on second unit applications. It also governments to approve projects or remove condi- provided that a developer of a density bonus tions, even when the decision by the local govern- project could demand that the local government ment was legally valid. For instance, SB 744 would waive "any ordinance, general plan element, make it possible for developers to challenge specific plan, charter amendment, or other local conditions imposed on a project at the local level law, policy or regulation" or face lawsuits. The which they believe are "infeasible." HCD would be League would like to specifically commend all the able to override these local conditions if they felt cities that sent AB 1160 opposition letters to the they were unreasonable and inconsistent with author and to members of the Assembly Housing meeting local housing needs. Unfortunately. no and Community Development Committee over the state "conditions" that affect housing cost - such past sevAeral months. as recently imposed prevailing wage requirements - are on the table. Besides the loss of local City officials' efforts helped bring the flaws of AB authority, this level of state oversight is unwar- 1160 to the attention of legislators and discouraged ranted. Developers who believe that a local them from taking yet another "one size fits all" government has unjustly treated their projects approach to land use decision-making. currently have recourse to the courts under Anti- Local Land Use Authority Remains Under Siege Nimby Law [Section 65589.5 of the Government Code]. Cities must remain vigilant about other legisla- tion that threatens to erode local land use authority Cities concerned with 5B 744 should send - and a prime example is SB 744 (Dunn). Although lellers of opposition. A sample opposition leller can action on SB 744 was delayed last year, we be found on the League's website at strongly urge cities to go on record in opposi. www.cacities.ora/hced. If you have any additional tion to the bill. This measure was part of a questions, please contact Dan Carrigg or Jessica package of controversial land use bills that were Mullan with the League. stopped due to a "moratorium" agreed to by the Visit the league's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE 3