HomeMy WebLinkAboutAPPROVE CITY COUNCIL POSITION ON LEGISLATION PENDING BEFORE (26) Y
Council/Agency Meeting Held: a
Deferred/Continued to:
Approve ❑ Conditionally Approved ❑ Denied ity e s gnature
Council Meeting Date: Sept. 4, 2007 Department ID Number: AD 07-18
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jill Hardy, Council Member, Chair on behalf of Intergovernmental Relations
Committee Members Councilman Don Hansen and Councilman Keith Bohr
PREPARED BY: Patricia Dapkus, Department Analyst, Senior
SUBJECT: APPROVE A CITY COUNCIL POSITION ON LEGISLATION PENDING
BEFORE THE FEDERAL, STATE, OR REGIONAL GOVERNMENTS AS
RECOMMENDED BY THE CITY COUNCIL INTERGOVERNMENTAL
RELATIONS COMMITTEE (IRC)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Approve a City Council position as recommended by the City Council
Intergovernmental Relations Committee (IRC) on legislation pending before a federal, state,
or regional government, thereby authorizing the Mayor to communicate the city's position to
the elected members of the federal or state legislature, or regional body.
Funding Source: N/A
Recommended Action: Motion to:
1. OPPOSE AB 414 (Jones) - Local Planning: Housing as amended on 07-10-07
Alternative Action(s):
Do not take action on the above bill or take an alternative position.
I
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administration
SUBJECT: Intergovernmental Relations Recommendations
COUNCIL MEETING DATE: Sept. 4, 2007
S
FAA ATTAC H M E ITT
STATU
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached El--
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Ap licable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Ap licable
Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached El
Not A ucable
Staff Report (If applicable) Attached El
No licable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
E . .
EXPLANATION FOR MISSING ATTAGHME__.TS
RE1/l'EWED ' RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION W OR RETURN"'OF.ITEW
(BelowOnly)
RCA Author; Dapkus
REQUEST FOR COUNCIL ACTION
MEETING DATE: Sept. 4, 2007 DEPARTMENT ID NUMBER: AD 07-17
Analysis:
1. AB 414 (Jones) - Local Planning: Housing
AB 414 imposes the same conditions to all local agencies—regardless of size, circumstance,
or performance—as to how to count sites for housing designated on nonresidential land.
This bill would make infill zoning more difficult, particularly in built out communities that do not
know which parcels may actually become available for housing during the planning period.
Rather than call out specific parcels that could become available cities use overlay zones in
order to encourage and create housing as parcels become available. AB 414 would require
cities to pre-zone nonvacant lands or commercial areas before they become available.
It also creates an exception for mixed use buildings, but not mixed use zonin . A vibrant
mixed use neighborhood consists of more than just buildings that have restaurants on the
ground floor and apartments above; they have a mix of housing-only buildings, commercial-
only buildings, and shared-use buildings. The challenge in creating these areas is giving the
market the flexibility to determine where each type of use will fit in. AB 414's parcel-by-parcel
approach would discourage development in mixed use developments.
Finally, AB 414 would create a disincentive for mixed use zoning since local agencies would
only get credit for one housing unit for every two that they zone in mixed and multi-use zones.
With this kind of disincentive, local agencies are less likely to create mixed use zones
precisely at the time when issues like climate change suggest we should be doing more.
The Intergovernmental Relations Committee is recommending that the City Council take a
position opposing AB 414.
Environmental Status: NA
Strategic Goal:
1. Opposition to AB 414 meets the strategic goal under City Services of providing quality
public services with the highest professional standards to meet community expectations
and needs, assuring that the city is sufficiently staffed and equipped overall.
Attachment(s):
City Clerk's
Page Number No. Description
1. AB 414 Jones - Local Planning: Housin
G:\Dapkus\INTERGOVERNMENTAL\RCA's\RCA 090407.doc -2- 8/21/2007 3:45 PM
ATTACHMENT 1
AB 414 Assembly Bill - AMENDED Page 1 of 6
BILL NUMBER: AB 414 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 10, 2007
AMENDED IN SENATE JUNE 26, 2007
AMENDED IN ASSEMBLY APRIL 19, 2007
INTRODUCED BY Assembly Member Jones
FEBRUARY 16, 2007
An act to amend Sections 65583 .2 and 65863 of the Government Code,
relating to local planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 414, as amended, Jones. Local planning: residential
development.
(1) The Planning and Zoning Law requires each city, county, or
city and county to prepare and adopt a general plan for its
jurisdiction that contains certain mandatory elements, including a
housing element. One part of the housing element is an assessment of
housing needs and an inventory of land suitable for residential
development in meeting the jurisdiction's share of the regional
housing need. For purposes of this assessment, existing law specifies
that "land suitable for residential development" includes, among
other things, vacant sites zoned for nonresidential use that allows
residential development.
This bill would limit, as specified, the manner in which a
jurisdiction utilizes, in identifying land suitable for residential
development to meet the jurisdiction's share of the regional housing
need, vacant sites zoned for nonresidential use that allows
residential development and for which the applicable zoning and
development standards allow substantially all of the site to be
developed without residential use.
(2) The Planning and Zoning Law also prohibits a city, county, or
city and county from reducing, or requiring or permitting the
reduction of, the residential density for any parcel to, or allow
development of any parcel at, a lower residential density, as
defined, unless the city, county, or city and county makes certain
written findings.
This bill would redefine "lower residential density" for purposes
of the above prohibition.
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Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65583 .2 of the Government Code is amended to
read:
65583 .2 . (a) A city's or county's inventory of land suitable for
residential development pursuant to paragraph (3) of subdivision (a)
of Section 65583 shall be used to identify sites that can be
developed for housing within the planning period and that are
sufficient to provide for the jurisdiction' s share of the regional
housing need for all income levels pursuant to Section 65584. As used
in this section, "land suitable for residential development"
includes all of the following:
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AB 414 Assembly Bill - AMENDED Page 2 of 6
(1) Vacant sites zoned for residential use.
(2) Vacant sites zoned for nonresidential use that allows
residential development, subject to the limitations set forth in
subdivision (j) .
(3) Residentially zoned sites that are capable of being developed
at a higher density.
(4) Sites zoned for nonresidential use that can be redeveloped
for, and as necessary, rezoned for, residential use.
(b) The inventory of land shall include all of the following:
(1) A listing of properties by parcel number or other unique
reference.
(2) The size of each property listed pursuant to paragraph (1) ,
and the general plan designation and zoning of each property.
(3) For nonvacant sites, a description of the existing use of each
property.
(4) A general description of any environmental constraints to the
development of housing within the jurisdiction, the documentation for
which has been made available to the jurisdiction. This information
need not be identified on a site-specific basis.
(5) A general description of existing or planned water, sewer, and
other dry utilities supply, including the availability and access to
distribution facilities. This information need not be identified on
a site-specific basis.
(6) Sites identified as available for housing for above-moderate
income households in areas not served by public sewer systems. This
information need not be identified on a site-specific basis.
(7) A map that shows the location of the sites included in the
inventory, such as the land use map from the jurisdiction' s general
plan for reference purposes only.
(c) Based on the information provided in subdivision (b) , a city
or county shall determine whether each site in the inventory can
accommodate some portion of its share of the regional housing need by
income level during the planning period, as determined pursuant to
Section 65584 . The analysis shall determine whether the inventory can
provide for a variety of types of housing, including multifamily
rental housing, factory-built housing, mobilehomes, housing for
agricultural employees, emergency shelters, and transitional housing.
The city or county shall determine the number of housing units that
can be accommodated on each site as follows:
(1) If local law or regulations require the development of a site
at a minimum density, the department shall accept the planning agency,
s calculation of the total housing unit capacity on that site based
on the established minimum density. If the city or county does not
adopt a law or regulations requiring the development of a site at a
minimum density, then it shall demonstrate how the number of units
determined for that site pursuant to this subdivision will be
accommodated.
(2) The number of units calculated pursuant to paragraph (1) shall
be adjusted as necessary, based on the land use controls and site
improvements requirement identified in paragraph (4) of subdivision
(a) of Section 65583 .
(3) For the number of units calculated to accommodate its share of
the regional housing need for lower income households pursuant to
paragraph (2) , a city or county shall do either of the following:
(A) Provide an analysis demonstrating how the adopted densities
accommodate this need. The analysis shall include, but is not limited
to, factors such as market demand, financial feasibility, or
information based on development project experience within a zone or
zones that provide housing for lower income households.
(B) The following densities shall be deemed appropriate to
accommodate housing for lower income households:
(i) For incorporated cities within nonmetropolitan counties and
for nonmetropolitan counties that have micropolitan areas: sites
allowing at least 15 units per acre.
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AB 414 Assembly Bill - AMENDED Page 3 of 6
(ii) For unincorporated areas in all nonmetropolitan counties not
included in clause (i) : sites allowing at least 10 units per acre.
(iii) For suburban jurisdictions: sites allowing at least 20 units
per acre.
(iv) For jurisdictions in metropolitan counties: sites allowing at
least 30 units per acre.
(d) For purposes of this section, metropolitan counties,
nonmetropolitan counties, and nonmetropolitan counties with
micropolitan areas are as determined by the United States Census
Bureau. Nonmetropolitan counties with micropolitan areas include the
following counties: Del Norte, Humboldt, Lake Mendocino, Nevada,
Tehama, and Tuolumne and such other counties as may be determined by
the United States Census Bureau to be nonmetropolitan counties with
micropolitan areas in the future.
(e) A jurisdiction is considered suburban if the jurisdiction does
not meet the requirements of clauses (i) and (ii) of subparagraph
(B) of paragraph (3) of subdivision (c) and is located in a
Metropolitan Statistical Area (MSA) of less than 2, 000, 000 in
population, unless that jurisdiction's population is greater than
100, 000, in which case it is considered metropolitan. Counties, not
including the City and County of San Francisco, will be considered
suburban unless they are in a MSA of 2, 000, 000 or greater in
population in which case they are considered metropolitan.
(f) A jurisdiction is considered metropolitan if the jurisdiction
does not meet the requirements for "suburban area" above and is
located in a MSA of 2, 000, 000 or greater in population, unless that
jurisdiction' s population is less than 25, 000 in which case it is
considered suburban.
(g) For sites described in paragraph (3) of subdivision (b) , the
city or county shall specify the additional development potential for
each site within the planning period and shall provide an
explanation of the methodology used to determine the development
potential. The methodology shall consider factors including the
extent to which existing uses may constitute an impediment to
additional residential development, development trends, market
conditions, and regulatory or other incentives or standards to
encourage additional residential development on these sites.
(h) The program required by subparagraph (A) of paragraph (1) of
subdivision (c) of Section 65583 shall accommodate 100 percent of the
need for housing for very low and low-income households allocated
pursuant to Section 65584 for which site capacity has not been
identified in the inventory of sites pursuant to paragraph (3) of
subdivision (a) on sites that shall be zoned to permit owner-occupied
and rental multifamily residential use by right during the planning
period. These sites shall be zoned with minimum density and
development standards that permit at least 16 units per site at a
density of at least 16 units per acre in jurisdictions described in
clause (i) of subparagraph (B) of paragraph (3) of subdivision (c)
and at least 20 units per acre in jurisdictions described in clauses
(iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision
(c) . At least 50 percent of the very low and low-income housing need
shall be accommodated on sites designated for residential use and for
which nonresidential uses or mixed-uses are not permitted.
(i) For purposes of this section and Section 65583, the phrase
"use by right" shall mean that the local government's review of the
owner-occupied or multifamily residential use may not require a
conditional use permit, planned unit development permit, or other
discretionary local government review or approval that would
constitute a "project" for purposes of Division 13 (commencing with
Section 21000) of the Public Resources Code. Any subdivision of the
sites shall be subject to all laws, including, but not limited to,
the local government ordinance implementing the Subdivision Map Act.
A local ordinance may provide that "use by right" does not exempt the
use from design review. However, that design review shall not
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AB 414 Assembly Bill - AMENDED Page 4 of 6
constitute a "project" for purposes of Division 13 (commencing with
Section 21000) of the Public Resources Code. Use by right for all
rental multifamily residential housing shall be provided in
accordance with subdivision (f) of Section 65589.5.
(j) In making the determination required by subdivision (c) , the
following limitations apply to sites described in
-42) paragraphs (2) and (4) of subdivision. (a)
for which the applicable zoning or development standards allow
substantially all of the site to be developed without residential
uses:
(1) In determining the total housing unit capacity
pt t on these sites, only one-half of
the total residential development capacity shall be counted.
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(2) Any determination that a portion of a jurisdiction's share of
the regional housing need pursuant to Section 65584 can be
accommodated on these sites shall be based upon all of the following:
(A) The proportion of the jurisdiction's share of the regional
housing need that was met on these sites in the prior planning
period.
(B) Recent development activity.
(C) Whether residential units are permitted by right.
(D) The degree to which the development standards and processing
requirements facilitate residential uses.
(E) The resources or incentives available for the residential
development of these sites.
(F) Any other relevant factors as determined by the department,
including market trends and demand.
(3) No more than 5o percent of the jurisdiction's share of the
regional housing need for lower income households may be allocated to
these sites.
(9)
(4) For sites designated as mixed-use, these
limitations do not apply. For the purposes of this paragraph
"mixed-use" means a site on which both residential and nonresidential
uses are permitted, and on which an exclusively nonresidential use
is not permitted.
SEC. 2 . Section 65863 of the Government Code is amended to read:
65863. (a) Each city, county, or city and county shall ensure
that its housing element inventory described in paragraph (3) of
subdivision (a) of Section 65583 or its housing element program to
make sites available pursuant to paragraph (1) of subdivision (c) of
Section 65583 can accommodate its share of the regional housing need
pursuant to Section 65584, throughout the planning period.
(b) No city, county, or city and county shall, by administrative,
quasi-judicial, legislative, or other action, reduce, or require or
permit the reduction of, the residential density for any parcel to,
or allow development of any parcel at, a lower residential density,
as defined in paragraphs (1) , and (2) of subdivision (h) , unless the
city, county, or city and county makes written findings supported by
substantial evidence of both of the following:
(1) The reduction is consistent with the adopted general plan,
including the housing element.
(2) The remaining sites identified in the housing element are
adequate to accommodate the jurisdiction' s share of the regional
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AB 414 Assembly Bill - AMENDED Page 5 of 6
housing need pursuant to Section 65584.
(c) If a reduction in residential density for any parcel would
result in the remaining sites in the housing element not being
adequate to accommodate the jurisdiction' s share of the regional
housing need pursuant to Section 65584, the jurisdiction may reduce
the density on that parcel if it identifies sufficient additional,
adequate, and available sites with an equal or greater residential
density in the jurisdiction so that there is no net loss of
residential unit capacity.
(d) The requirements of this section shall be in addition to any
other law that may restrict or limit the reduction of residential
density.
(e) If a court finds that an action of a city, county, or city and
county is in violation of this section, the court shall award to the
plaintiff or petitioner who proposed the housing development,
reasonable attorney's fees and costs of suit, except under
extraordinary circumstances in which the court finds that awarding
fees would not further the purposes of this section or the court
finds that the action was frivolous. This subdivision shall remain
operative only until January 1, 2007, and as of that date is no
longer operative, unless a later enacted statute that is enacted
before January 1, 2007, deletes or extends that date.
(f) This section requires that a city, county, or city and county
be solely responsible for compliance with this section, unless a
project applicant requests in his or her initial application, as
submitted, a density that would result in the remaining sites in the
housing element not being adequate to accommodate the jurisdiction's
share of the regional housing need pursuant to Section 65584 . In that
case, the city, county, or city and county may require the project
applicant to comply with this section. The submission of an
application for purposes of this subdivision does not depend on the
application being deemed complete or being accepted by the city,
county, or city and county.
(g) This section shall not be construed to apply to parcels that,
prior to January 1, 2003, were either (1) subject to a development
agreement, or (2) parcels for which an application for a subdivision
map had been submitted.
(h) (1) If the local jurisdiction has adopted a housing element
for the current planning period that is in substantial compliance
with Article 10.6 (commencing with Section 65580) of Chapter 3, for
purposes of this section, "lower residential density" means the
following:
(A) For sites on which the zoning designation permits residential
use and that are identified in the local jurisdiction's housing
element inventory described in paragraph (3) of subdivision (a) of
Section 65583, approval of fewer units on the site than were
projected by the jurisdiction to be accommodated on the site pursuant
to subdivision (c) of Section 65583.2.
(B) For sites that have been or will be rezoned pursuant to the
local jurisdiction's housing element program described in paragraph
(1) of subdivision (c) of Section 65583, approval of fewer units for
the site than were projected to be developed on the site in the
housing element program.
(2) (A) If the local jurisdiction has not adopted a housing
element for the current planning period within 90 days of the
deadline established by Section 65588 for purposes of this section,
or the adopted housing element is not in substantial compliance with
Article 10.6 (commencing with Section 65580) of Chapter 3 within 180
days of the deadline established by Section 65588, "lower residential
density" means either of the following:
(i) For residentially-zoned sites, a density that is lower than 80
percent of the maximum allowable residential density for that
parcel.
(ii) For sites on which residential and nonresidential uses are
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AB 414 Assembly Bill - AMENDED Page 6 of 6
permitted, approval of a use that would result in the development of
fewer than 80 percent of the -}^
„itte Q; s;to number of residential units that
would be allowed under the maximum residential density for the site
(B) For the purposes of this paragraph, if the council of
governments fails to complete a final housing need allocation
pursuant to the deadlines established by Section 65584.05, the
deadline for adoption of the housing element and determining
substantial compliance shall be extended by a time period equal to
the delay incurred by the council of governments in completing the
final housing need allocation.
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