HomeMy WebLinkAboutCity Council Position on Legislation as Recommended by the I Council/Agency Meeting Held: 7 T'�'A�Z4
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied e 's Si ature
Council Meeting Date: July 16, 2012 Departm n ID Number: AD 12-010
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Paul Emery, Deputy City Manager
SUBJECT: Approval of a City Council position on legislation, a regulation, or
budget issues pending before a federal, state, or regional government
as recommended by the City Council Intergovernmental Relations
Committee (IRC)
Statement of Issue: Approval of a City Council position on legislation, a regulation, or
budget issues pending before a federal, state, or regional government as recommended by
the City Council Intergovernmental Relations Committee (IRC).
Financial Impact: N/A
Recommended Action: Motion to:
A) OPPOSE AB 2231(as Amended) (Fuentes/Padilla)An act to amend Section 5611 of
the Streets and Highways Code, relating to sidewalks.
B) OPPOSE AB 904 (Skinner) —This bill could severely affect affordable housing and
parking conditions for neighborhoods, businesses and public facilities.
Alternative Action(s):
Do not take the recommended action on one or all of the above and provide direction to staff
on a possible city position.
xB -81- Item 11. - 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 7/16/2012 DEPARTMENT ID NUMBER: AD 12-010
Analysis:
AB 2231 (Fuentes/Padilla) amends Section 5611 of the Streets and Highways Code. This
section of the code provides a mechanism for local jurisdictions to notify and require adjacent
property owners to repair damaged and/or unsafe sidewalks. This bill would provide that if a
city, county, or city and county has an ordinance in place that requires that local entity to
repair sidewalks, a repeal of that ordinance shall become effective only if the repealing
ordinance is approved by the majority of voters voting on that measure in a consolidated or
general election.
The legislation restricts local authority and the ability for city councils and county boards of
supervisors to decide how best to balance infrastructure needs. If passed, this bill may affect
formation of a special assessment district for sidewalk maintenance currently being studied
by the Blue Ribbon Committee. The bill is opposed as amended by the League of California
Cities and the California State Association of Counties.
AB 904 (Skinner) is a bill that would remove the city's authority to establish parking
requirements for development, and instead impose a statewide, one-size-fits-all policy. AB
904 (Skinner) is a reintroduction of AB 710 (Skinner), which failed last year, and has been
resurrected through the gut and amend process and goes directly against local authority.
Environmental Status: N/A
Strategic Plan Goal: Improve long-term financial sustainability
Attachment(s):
1. BILL NUMBER: AB 904 AMENDED
2. BILL NUMBER: AB 2231
Item 11. - 2 HB -82-
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HB -83- Item 11. - 3
AMENDED IN SENATE JULY 5, 2012
AMENDED IN SENATE JUNE 27, 2012
AMENDED IN SENATE JUNE 12, 2012
AMENDED IN ASSEMBLY JANUARY 11, 2012
AMENDED IN ASSEMBLY MAY 10, 2011
AMENDED IN ASSEMBLY APRIL 14, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION
ASSEMBLY BILL No. 904
Introduced by Assembly Member Skinner
(Coauthor:Assembly Member Bill Berryhill)
February 17, 2011
An act to add Article 2 (commencing with Section 65200)to Chapter
3 of Division 1 of Title 7 of the Government Code, relating to local
government.
LEGISLATIVE COUNSEL'S DIGEST
AB 904, as amended, Skinner. Local government: parking spaces:
minimum requirements.
The Planning and Zoning Law requires specified regional
transportation planning agencies to prepare and adopt a regional
transportation plan directed at achieving a coordinated and balanced
regional transportation system, and requires the regional transportation
plan to include,among other things,a sustainable communities strategy,
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Item 11. - 4 HB -84-
AB 904 —2—
for the purpose of using local planning to reduce greenhouse gas
emissions.
This bill, commencing on January 1, 2014, would prohibit a city or
county from requiring a minimum number of off-street parking spaces
in transit-intensive areas, as defined, greater than 2 parking spaces per
1,000 square feet in nonresidential projects of 20,000 square feet or less
on a single property,one parking space per unit in non-income-restricted
residential projects, and specified portions, as applicable, of a parking
space per unit for certain affordable housing projects, except as
specified. The bill would also make a statement of legislative findings
regarding the application of its provisions to charter cities.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. This act shall be known and may be cited as the
2 Sustainable Minimum Parking Requirements Act of 2012.
3 SEC. 2. (a) The Legislature finds and declares all of the
4 following:
5 (1)The state,cities,and counties have invested billions of dollars
6 in transit infrastructure. Land use policies that reduce the cost and
7 complexity of transit-oriented development help ensure a return
8 on that investment.
9 (2) Consistent with Senate Bill 375 and Assembly Bill 32, it is
10 state policy to promote transit-oriented infill development.
11 (3) Existing minimum off-street parking requirements
12 throughout the state are based on low-density and segregated single
13 land uses.
14 (4) Parking is costly to build and maintain and can substantially
15 increase the cost of constructing and operating infill projects.
16 (5) The high cost of the land and improvements required to
17 provide parking significantly increases the cost of transit-oriented
18 development, making lower cost and affordable housing
19 development financially infeasible and hindering economic
20 development strategies.
21 (6) Increasing public transportation options and developing
22 more walkable and bikeable neighborhoods reduce the demand
23 for parking.
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HB -85- Item 11. - 5
-3— AB 904
1 (7) Excessive governmental parking requirements for infill and
2 transit-oriented development reduce the viability of transit
3 development by limiting the number of households and workers
4 near transit, increasing walking distances, and degrading the
5 pedestrian environment.
6 (8) Reducing excessive minimum parking requirements for infill
7 and transit-oriented development and allowing builders and the
8 market to decide how much parking is needed may do all of the
9 following:
10 (A) Ensure sufficient but not excessive amounts of parking are
11 provided.
12 (B) Reduce the cost of development and increase the number
13 of transit-accessible and affordable housing units.
14 (C) Increase density in areas with the most housing demand,
15 and improve the viability of developing alternate modes of
16 transportation, such as public transit, ridesharing, biking, and
17 walking.
18 (D)Reduce green house gas emissions and vehicle miles traveled
19 by removing an incentive to drive.
20 (b) It is the intent of the Legislature to reduce unnecessary
21 government regulation and to reduce the cost of development by
22 eliminating excessive minimum parking requirements for infill
23 and transit-oriented development.
24 (c) The Legislature further finds and declares that the need to
25 address infill development and excessive parking requirements is
26 a matter of statewide concern and is not a municipal affair, as that
27 term is used in Section 5 of Article XI of the California
28 Constitution. Therefore, this act shall apply to all cities, including
29 charter cities.
30 SEC. 3. Article 2 (commencing with Section 65200) is added
31 to Chapter 3 of Division 1 of Title 7 of the Government Code, to
32 read:
33
34 Article 2. Sustainable Minimum Parking Requirements Act of
35 2012
36
37 65200. (a) Commencing on January 1, 2014, in
38 transit-intensive areas,a city,county,or city and county,including
39 a charter city, shall not require projects to provide a minimum
40 number of off-street parking spaces greater than the following:
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Item 11. - 6 HB -86-
AB 904 —4-
1 (1) Two parking spaces per thousand square feet of
2 nonresidential projects of 20,000 square feet or less on a single
3 property.
4 (2) One parking space per unit for non-income-restricted
5 residential projects.
6 (3) Three-quarters parking spaces per unit for projects that
7 include both income-restricted and non-income-restricted units,
8 and which meet the standards in subdivision(b)of Section 65915.
9 (4) One-half parking spaces per unit for units that are restricted
10 by a recorded covenant or a deed that lasts at least 55 years to rents
11 or prices affordable to persons and families making less than 60
12 percent of the area median income.
13 (b) This section shall not be construed as setting a maximum
14 number of spaces a project may provide.
15 (c) This section shall not be construed to limit any local agency's
16 authority to regulate parking impacts from development through
17 exactions, fees, conditions of approval, or other valid exercise of
18 its police power beyond the specific limitations provided in
19 subdivision(a).
20 (d) This section shall not apply to any property that meets any
21 of the following criteria:
22 (1) The property and immediately adjoining properties are
23 restricted to development or redevelopment at a floor area ratio of
24 below 0.75.
25 (2) The property includes a parcel or parcels whose dwelling
26 units are subject to a recorded covenant, ordinance, or law that
27 restricts rents to levels affordable to persons and families of low
28 or moderate income, or are subject to other forms of rent or price
29 control imposed through a public entity's valid exercise of its
30 police power, that will be destroyed or removed, unless any
31 proposed development on the property is to include an equal
32 number of bedrooms that shall be made available at affordable
33 housing costs to, and will be occupied by, persons and families in
34 the same or lower income category (extremely low, very low, or
35 low) in the same proportion as the units occupied or last occupied
36 by extremely low, very low, or low-income households in the
37 property. Rental replacement units provided pursuant to this
38 paragraph shall be made available at affordable housing costs for
39 at least 55 years, or at the remaining term of the existing recorded
40 covenants or deed restrictions that require maintenance of
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HB -87- Item 11. - 7
—5— AB 904
1 affordable housing costs, which are consistent with the parties
2 meeting their contractual obligations.Ownership replacement units
3 provided pursuant to this paragraph shall be made available at
4 affordable housing costs for at least 45 years.
5 (3) The property includes a parcel where the owner withdrew
6 residential rental units pursuant to Chapter 12.75 (commencing
7 with Section 7060) of Division 7 of Title 1, from rental or lease,
8 or offering for rental or lease, pursuant to paragraph (2) of
9 subdivision (a) of Section 7060.2.
10 (4) The property includes a parcel or parcels subject to a specific
11 plan, station area plan, zoning ordinance, or other form of local
12 land-use control that provides for minimum off-street parking
13 requirements for residential, commercial, and mixed-use new
14 construction and reuse projects that are lower than the minimum
15 off-street parking requirements in the same jurisdiction for the
16 same uses outside the transit-intensive area.
17 (e) For purposes of this section, "transit-intensive area" means
18 an area that is within one-half mile of a major transit stop or within
19 one-quarter mile of the center line of a high-quality transit corridor.
20 A major transit stop tis For the purposes of this section "major
21 transit stop"has the same meaning as defined in Section 21064.3
22 of the Public Resources Code. For purposes of this section, a
23 high-quality transit corridor means a corridor with a fixed route
24 bus service with service intervals no longer than 15 minutes during
25 peak commute hours.A property shall be considered to be within
26 one-half mile of a major transit stop or within one-quarter mile of
27 the center line of a high-quality transit corridor if all parcels within
28 the property together have no more than 25 percent of their area
29 farther than one-half mile from the stop or within one-quarter mile
30 of the center line of a corridor, and if not more than 10 percent of
31 the residential units or 100 units,whichever is less,in any proposed
32 project are farther than one-half mile from the stop or within
33 one-quarter mile of the center line of a corridor.
34 (f) Consistent with subdivision (g), a city, county, or city and
35 county, including a charter city, that is otherwise subject to this
36 section, shall not be required to apply the minimum off-street
37 parking requirements in subdivision (a) in a transit-intensive area
38 in place of those set forth in its zoning code if it makes at least one
39 of the following written findings, specific to that transit-intensive
40 area,based upon objective criteria and evidence in the record that:
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Item 11. - 8 xB -88-
AB 904 —6—
1 (1) The transit-intensive area does not currently have or cannot
2 reasonably expect to have sufficient walkability to justify reduced
3 off-street parking requirements.
4 (2) The transit-intensive area does not currently have or cannot
5 reasonably expect to have a sufficient level of transit service or
6 bike access to provide for viable alternatives to the car for a
7 significant proportion of the trips generated by new development.
8 (3) The minimum parking requirements set forth in this act
9 would reduce the number of low-income housing units produced
10 in that transit-intensive area through density bonus programs such
11 as the program set forth in Sections 65915 to 65918, inclusive.
12 (4) The transit-intensive area in question will be adversely
13 affected by a reduction in minimum off-street parking
14 requirements.
15 (g) Any action by a city, county, or city and county, including
16 a charter city,pursuant to subdivision(f)to exempt transit-intensive
17 areas from the minimum parking requirements set forth in
18 subdivision (a) and maintain the minimum parking requirements
19 set forth in its local code shall be in the form of a resolution
20 adopted by the legislative body of a city,county,or city and county.
21 (h) Multiple transit-intensive areas may be exempted from the
22 requirements of subdivision (a) by a single resolution, provided
23 that the resolution includes at least one of the findings set forth in
24 subdivision (f) applied to each transit-intensive area to be
25 exempted.
26 (i) (1) Before January 1,2014,a city,county,or city and county
27 may evaluate and approve projects pursuant to the minimum
28 parking requirements under this section.
29 (2) After January 1,2014,but before the adoption of a resolution
30 pursuant to subdivision (g), development projects shall not be
31 subject to minimum off-street parking requirements higher than
32 those set forth in subdivision(a).
33 0) This section shall not apply to any city, county, or city and
34 county that has no transit-intensive areas within its jurisdiction.
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HB -89- Item 11. - 9
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Item 11. - 10 xs -90-
AMENDED IN SENATE JUKE 28, 2012
AMENDED IN ASSEMBLY MAY 31, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 23, 2012
CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION
ASSEMBLY BILL No. 2231
Introduced by Assembly Member Fuentes
(Principal coauthor: Senator Padilla)
February 24, 2012
An act to amend Section 5611 of the Streets and Highways Code,
relating to sidewalks.
LEGISLATIVE COUNSEL'S DIGEST
AB 2231, as amended, Fuentes. Sidewalks: repairs.
Existing law requires the owners of lots or portions of lots fronting
on any portion of a public street or place to maintain any sidewalk in
such condition that the sidewalk will not endanger persons or property
and maintain it in a condition that will not interfere with the public
convenience in the use of those works or areas, except as to those
conditions created or maintained by persons other than the owner.
Existing law requires the superintendent of streets, as defined, to
provide specified notice to the owner or person in possession of the
property fronting on that portion of the sidewalk so out of repair or
pending reconstruction, to repair the sidewalk. Under existing law, if
the repair is not commenced within 2 weeks after the notice has been
provided, the superintendent of streets shall make the repair and the
cost of the repair shall be imposed as a lien on the property.
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HB -9 1- Item 11. - 11
AB 2231 —2—
This bill would provide that if a city, county, or city and county has
an ordinance in place that requires that local entity to repair sidewalks,
a repeal of that ordinance shall become effective only if the repealing
ordinance is approved by the majority of voters voting on that measure
in a consolidated or general election. The bill would prohibit a city,
county, or city and county that has an ordinance in place that requires
that local entity to repair sidewalks,from imposing a fee, charge, or
assessment, except a voluntary contractual assessment, for sidewalk
repairs against an owner of private property fronting on any portion
of a sidewalk, unless a repeal of that local entity's sidewalk repair
ordinance is approved by the voters, as specified. The bill would make
these provisions applicable to charter cities and counties.
By imposing new duties on cities, counties, and cities and counties,
the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 5611 of the Streets and Highways Code
2 is amended to read:
3 5611. (a) When any portion of the sidewalk is out of repair or
4 pending reconstruction and in condition to endanger persons or
5 property or in condition to interfere with the public convenience
6 in the use of the sidewalk,the superintendent of streets shall notify
7 the owner or person in possession of the property fronting on that
8 portion of the sidewalk so out of repair, to repair the sidewalk.
9 (b) Notwithstanding subdivision (a) or any other provision of
10 this article, if a city, county, or city and county has an ordinance
11 in place that requires that city, county,or city and county to repair
12 sidewalks, a repeal of that ordinance shall become effective only
13 if the repealing ordinance is approved by the majority of voters
14 voting on that measure, in a consolidated or general election.
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Item 11. - 12 HB -92-
—3— AB 2231
1 (c) Except as provided in Chapter 29(commencing with Section
2 5898.10), no city, county, or city and county that has an ordinance
3 in place that requires that city, county, or city and county to repair
4 sidewalks shall impose a fee, charge, or assessment against a
5 private owner of property fronting on any portion of a sidewalk.
6 for sidewalk repairs under this section, unless a repeal of the
7 sidewalk repair ordinance of that city, county, or city and county
8 is approved by a majority of the voters pursuant to subdivision
9 (b).
10 (0
11 (d) The Legislature finds and declares that this section
12 constitutes a matter of statewide concern, and shall apply to charter
13 cities and charter counties. The provisions of this section shall
14 supersede any inconsistent provisions in the charter of any county
15 or city.
16 SEC. 2. If the Commission on State Mandates determines that
17 this act contains costs mandated by the state, reimbursement to
18 local agencies and school districts for those costs shall be made
19 pursuant to Part 7 (commencing with Section 17500) of Division
20 4 of Title 2 of the Government Code.
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xB -93- Item 11. - 13