HomeMy WebLinkAboutLegislative Review - SB1592 (Torlakson) - Local PlanningCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: REQUEST FOR CONSIDERATION OF LEGISLATIVE REVIEW
COMMITTEE ACTION ON SB1592 (TORLAKSON)AT ITS MEETING
OF APRIL 27, 2004.
DATE: May 13, 2004
CONTENTS: SB1592 LANGUAGE
Recommendation:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of April 27, 2004, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to SB1592 (Torlakson) relative to Local Planning.
Executive Summary:
Passage of SB1592 would require each city to adopt or update an Infill Ordinance or
Specific Plan identifying potential infill sites.
Background:
The Planning and Zoning Law requires cities to adopt a General Plan for land use
development that includes a Housing Element, Land Use Element, and an Open Space
Element. The Law authorizes the preparation of specific plans for the systematic
implementation of the General Plan. If passed, SB1592 would require cities to adopt or
update an Infill Ordinance or Specific Plan that identifies potential infill sites and specifies
appropriate zoning to encourage infill development on vacant and under utilized parcels. It
would require the Infill Ordinance to provide at least five incentives for infill housing.
Because SB1592 seeks to remove local control, which could affect the manner in which
the City of Palm Desert conducts its day-to-day business, the Legislative Review
Committee recommends that the City Council oppose SB1592 and direct staff to prepare a
letter dating that position to the appropriate Legislators for the Mayor's signature.
PATRICIA SCULLY
SENIOR MANAGEMENT KNALYST
SHEILA GIL IGAN
ASSISTANT CITY MAGER
PAUL GIBSON
DIRECTOR OF FINANCE/
CITY TREASURER
CARLOS L. OR? GA
CITY MANAG
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In bill text the following has special meaning
underline denotes added text
2003 CA S 1592
AUTHOR: Torlakson
VERSION: Introduced
VERSION DATE: 02/20/2004
SENATE BILL
No. 1592
INTRODUCED BY Senator Torlakson
FEBRUARY 20, 2004
An act to add Section 65458 to the Government Code, relating to local planning.
LEGISLATIVE COUNSEL'S DIGEST
SB 1592, as introduced, Torlakson. Local planning.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use
development that includes a housing element, land use element, and an open -space element. The law
authorizes the preparation of specific plans for the systematic implementation of the general plan.
This bill would require each city and each county to adopt or update an infill ordinance or specific
plan that identifies potential infill sites and specifies appropriate zoning to encourage infill development
on vacant and underutilized parcels. It would require the infill ordinance to provide at lease 5 incentives
for infill housing, as specified. By imposing additional duties upon local officials, this bill would create
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 no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes.
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THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65458 is added to the Government Code, to read:
65458. (a) One year following the next major revision of the general plan, each city and each county
shall adopt or update an infill ordinance or specific plan that identifies potential infill sites within the
jurisdiction and specifies appropriate zoning for each infill site to encourage infill development on
vacant and underutilized parcels. The infill ordinance shall provide at least five of the following
incentives for infill housing in the designated infill sites:
(1) Flexible and clear urban design guidelines and clear procedures for review.
(2) Increased densities.
(3) Minimum densities.
(4) Increased building heights.
(5) Reduced development impact fees and services fees where allowable.
(6) Establishment of a business improvement district or community facilities district.
(7) Reduction of minimum lot sizes or allow for single-family detached condominiums.
(8) Incentives for mixed use projects.
(9) Higher densities and lower parking requirements near transit stations.
(10) Establishment of a housing trust fund or require inclusionary zoning.
(b) For purposes of this section, "upon the next revision of the general plan" means the next revision
of the housing element according to the Department of Housing and Community Development revision
schedule, but no sooner than 2009.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
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