HomeMy WebLinkAboutCity Manager's Report - Supplemental Communication - PowerPo10/2/2017
REPORT BY THE
CITY ATTORNEY
SB 35
Governor Brown Signed SB 35
SB 35 was signed by the Governor September 28, 2017 and will
go into effect January 1, 2018. SB 35 DOES NOT apply
retroactivity, meaning that the provisions will not apply to action
taken by the City Council regarding this General Plan update. SB
35 DOES apply to Charter Cities
Reefing bats C I b 2 I 1 I
Agenda Item No.
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Current Law: Government Code Section
65400, et.seq.
Current State Law (does not apply to Charter City) generally requires:
Cities that have adopted or amended their general plan to investigate, report and make
recommendations to the City Council on implementation of the new or amended
General Plan.
Current State law requires that the City Planning Department provide an annual report
to the State Office of Planning and Research regarding progress of. 1. General Plan
implementation; 2. Progress in meeting Housing Element requirements (including
RHNA needs and efforts to remove governmental constraints from the development of
housing.) 3. Specific forms must be used in reporting housing information to the State.
If the report is not provided to the State, a Superior Court may order a city to provide
the report or suffer court imposed sanctions.
SB 35's Proposed Amendment to
Government Code Section 65400 et. seq.
In General, SB 35 applies to Charter Cities and proposes to add the following
additional mandatory reporting requirements:
Cities must use standards, forms, and definitions adopted by the State Office of
Planning and Research when reporting.
The Planning Department report specified information regarding the number
of net new housing in the City. Including number of applications for housing
construction, number of units approved, sites rezoned, net new units issued
building permit or certificate of occupancy.
The State Department of Housing and Community Development will be
required to post the annual report on its Internet Web site.
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SB 35's Proposed Addition of New
Government Code 65913.4
In General, SB 35 proposes to create a new section of the Government
Code that authorizes project proponents for a multifamily housing
developments that satisfies specified planning objective standards to
only be subject to a streamlined, ministerial approval process. Cities
will no longer be able to subject such a project to a conditional use
permit.
The streamline process requires the Project proponent to meet 9
objective standards. The proponent must meet all 9 to qualify.
In general the standards are:
➢ Project is for multifamily with 2 or more units.
➢ The site is a legal parcel located in the City (with urban areas) and is zoned or general
planned residential or residential mixed use and the Project is 2/3 designated residential.
➢ If units are subsidized, the Project proponent must record the land use restrictions.
➢ ****The City has not issued building permits commensurate with the number of RHNA
units based upon income category. In addition, City remains subject to this standard if it
has not submitted a housing report. This section remains until the next Housing
Reporting Period.
➢ ****The City is not meeting RHNA requirements.
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➢ The Project must meet objective zoning and design review standards.
➢ The Project can not be located in Coastal Zone, Farm Land, Wetlands, Fire
Hazard Zone, Hazardous waste Zone, earthquake fault zone Flood Plane, lands
identified for conservation Habitat for protected species or conservation
easement.
➢ The location is on a site that would require the demolition of affordable
housing/rent control or Historic Structure; Housing with existing tenancies of
over 10 years.
➢ The proponent must certify they will pay prevailing wages and generally be
subject to state law prevailing wage standards and reporting requirements and in
some cases use a skilled and trained workforce.
➢ The project must have more than 10 units and not be considered a "public works
project."
➢ The project does not require a subdivision or property or trigger the Subdivision
Map Act unless the Project receives low-income tax credit and pays prevailing
wages.
➢ The Project in not on a mobile home park.
If the City determines the project is in conflict with any Project standard, the City
must provide detailed explanation as set forth in the Government Code.
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