HomeMy WebLinkAboutCouncilmember Item - Mayor Posey - Senate Bill 35 - PlanningFile #: 18-238
City of Huntington Beach 9-0
MEETING DATE: 8/6/2018
REQUEST FOR CITY COUNCIL ACTION
TO: Honorable City Council Members
FROM: Michael Posey, Mayor
DATE: August 6, 2018
City Council Member Item for the August 6, 2018, City Council Meeting, Submitted by Mayor
Michael Posey - Senate Bill 35 - Planning and Affordable Housing
STATEMENT OF ISSUE
Senate Bill 35 - Planning and Zoning Affordable Housing Streamlined Approval Process (SB 35) was
signed into law by Governor Brown on September 29, 2017, and went into effect on January 1, 2018.
SB 35 applies in cities that are not meeting their Regional Housing Need Allocation (RHNA) goal for
construction. The bill requires local entities to streamline the approval of certain housing projects by
providing a ministerial approval process, removing the requirement for CEQA analysis, and removing
the requirement for Conditional Use Permit or other similar discretionary entitlements granted by a
Planning Commission.
Senate Bill 35 takes away discretionary approval over housing decisions. Recently, a developer in
Cupertino, who had for years tried to develop a nearly vacant Valco Mall, announced that it will use
SB 35 to push ahead with plans that include more than 2,400 new homes on the site. The law has
now been invoked in a handful of cities. In order to protect ourselves from developers who could
push through housing developments, it would behoove us to investigate possible legal action or
exemption from the State.
RECOMMENDED ACTION
Direct the City Attorney to investigate any and all legal action against the State of California in regards to
Senate Bill 35 to exempt us from the requirements of Senate Bill 35.
City of Huntington Beach Page 1 of 1 Printed on 8/1/2018
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CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: Honorable City Council Me rs
From: Michael Posey, Mayor
Date: August 6, 2018
Subject: CITY COUNCIL MEMBE I EM FOR THE AUGUST 6, 2018, CITY
COUNCIL MEETING — S TE BILL 35 - PLANNING AND
AFFORDABLE HOUSING
STATEMENT OF ISSUE:
Senate Bill 35 — Planning and Zoning Affordable Housing Streamlined Approval Process
(SB 35) was signed into law by Governor Brown on September 29, 2017, and went into
effect on January 1, 2018. SB 35 applies in cities that are not meeting their Regional
Housing Need Allocation (RHNA) goal for construction. The bill requires local entities to
streamline the approval of certain housing projects by providing a ministerial approval
process, removing the requirement for CEQA analysis, and removing the requirement
for Conditional Use Permit or other similar discretionary entitlements granted by a
Planning Commission.
Senate Bill 35 takes away discretionary approval over housing decisions. Recently, a
developer in Cupertino, who had for years tried to develop a nearly vacant Valco Mall,
announced that it will use SB 35 to push ahead with plans that include more than 2,400
new homes on the site. The law has now been invoked in a handful of cities. In order
to protect ourselves from developers who could push through housing developments, it
would behoove us to investigate possible legal action or exemption from the State.
RECOMMENDED ACTION:
Direct the City Attorney to investigate any and all legal action against the State of
California in regards to Senate Bill 35 to exempt us from the requirements of Senate Bill
35.
xc: Fred Wilson, City Manager
Lori Ann Farrell, Assistant City Manager
Robin Estanislau, City Clerk
Michael Gates, City Attorney