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HomeMy WebLinkAboutLegislative Review - SB744 (Dunn & Ducheny) - HousingREQUEST: g 5� CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST FOR CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON SB 744 (DUNN and DUCHENY) AT ITS MEETING OF APRIL 27, 2004. DATE: May 13, 2004 CONTENTS: SB 744 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 SB 744 (Dunn and Ducheny) relative to Housing. Executive Summary: Passage of SB 744 would require the Department of Housing and Community Development to hear appeals of local decisions on applications for construction for housing development. Background: Current law requires that each city, county, or city and county 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, an inventory of resources, and constraints relative to meeting these needs. The assessment includes the locality's share of regional housing needs, which is determined by the appropriate council of governments subject to revision by the Department of Housing and Community Development. SB 744 would require the Department of Housing and Community Development to hear appeals of any city, county, or city and county decisions on applications for the construction of housing developments that meet specified affordability requirements. 1 SB 744 - Housing May 13, 2004 Page 2 As the City of Palm Desert strives to meet its housing needs and provide a community that individuals and families relocating to the Coachella Valley find desirable, every effort is made in the planning stages to meet the needs and inventory resources available. Passage of SB 744 would create a State mandate that would prohibit the City of Palm Desert from retaining local control over the manner in which it develops and conducts its day-to-day business and would hand over control of this issue to a State agency. Therefore, the Legislative Review Committee recommends that the City Council oppose SB 744 and direct staff to prepare a letter stating that position to appropriate legislators for the Mayor's signature. PATRICIA SCULLY SENIOR MANAGEMENT ANAL T SHEILA R. GILLIGA ASSISTANT CITY M 4AGER PAUL GIBSON DIRECTOR OF FINANCE/ CITY TREASURER G1CityCNkUCaren Russot4genda HemstSB 744.wpd 2 SB 744 Senate Bill - AMENDED Page 1 of 4 \/// BILL NUMBER: SB 744 AMENDED BILL TEXT AMENDED IN SENATE JUNE 3, 2003 AMENDED IN SENATE APRIL 21, 2003 INTRODUCED BY Senators Dunn and Ducheny (Principal coauthor: Senator Hollingsworth)' (Principal coauthor: Assembly Member Steinberg) (Coauthors: Senators Burton and Florez) FEBRUARY 21, 2003 An act to add Section 65585.4 to the Government Code, relating to planning. LEGISLATIVE COUNSEL'S DIGEST SB 744, as amended, Dunn.. Planning: housing. Existing law requires each city, county, or city and county to prepare and adopt ageneral 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 inventory of resources and constraints relevant to meeting these needs. The assessment includes the locality's share of regional housing needs which is determined by the appropriate council of governments, subject to revision by the Department of Housing and Community Development. This bill would ctablich within require the department a H using Ac.R.eaa i' ; ty Comm ttom. c ncicting f 5 m mb rs, app int d ac sp cifi d, to hear appeals of city, county, or city and county decisions on applications for the construction of housing developments that meet specified affordability requirements. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65585.4 is added to the Government Code, to read: 65585.4. (a) Th r shall b within th ,d partm nt a H using Acc untability C mmitt c nricting f fiv m mb rs_ Th diroct r ^f th d partm nt and th Dir ct r f th C v rn is Offic f Planning and Rocoarch shall bo ax officio mombors, oxcopt that oithor may d cignate er hr6r— er Lce t s ry n th c mmitt Th r maining thr m mb re chall b app int d by th C v rn r with th advic and c nc nt f th S nat . n m mb r shall b a m mb r f a city c uncil r b and of sup rvic rs, and n oth r m mb r shall hav xt nsiv xp ri nc in th d v 1 pm nt f aff rdabl h using. Th app int d m mborc shall c mp nsati n f r his r h r s rvics, but shall b roimburr d by tho d partm nt for all r asenabl xp ns s actually r n c ssarily http://info.sen.ca.gov/pub/bill/sen/sb_0701-0750/sb_744 bill 20030603_amended sen.html 4/14/2004 SB 744 Senate Bill - AMENDED Page 2 of 4 incurre in the porformanco of his ow ho'r efficial uties. Tho c mmittoe 1�aLLe�r 65585.4. (a) The department shall hear appeals pursuant to this section Th c mmitt . The department shall conduct the hearings in accordance with rules and regulations established by the d partment Th d partsient shall pr vide the spac and department. (b) Any applicant who proposes to construct a housing development that meets the criteria of subdivision (c) and whose application is either denied or approved with conditions that in his or her judgment render the provision of housing infeasible, may appeal the decision of the city, county, or city and county to the H using Acc untability C mmitt department . However, conditions or mitigation measures impose pursuant to a local coastal permit or an environmental review required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) may not be appealed. (c) An applicant may file an appeal with the c mmitt department if both of the following criteria are met: (1) The proposed housing development will meet any of the following affordability requirements: (A) Five percent of the total housing of the housing development is available at affordable housing cost to extremely low income households whose household income is less than or equal to 30 percent of the area median income. (B) Ten percent of the total housing of the development is available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code. (C) Twenty percent of the total housing of the development is available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code. (D) Fifty percent of the total housing of the development is available at affordable housing cost to moderate -income households, consistent with Section 50052.5 of the Health and Safety Code. (2) Either of the following criteria is met as of the date on which the application to the city, county, or city and county is deemed complete: (A) The city, county, or city and county has adopted a housing element that the department has determined pursuant to Section 65585 to be in substantial compliance with the requirements of this article, and the proposed housing development, exclusive of any density bonus granted pursuant to Section 65915, is consistent with both the density allowed by the jurisdiction's zoning ordinance and the general plan land use designation as specified in any element of the general plan as of the date the application was deemed complete, provided that consistency shall not be required with the zoning ordinance or land use designation if the jurisdiction has not amended the ordinance or the designation to conform to the adopted housing element. (B) The city, county, or city and county has not adopted a housing element that the department has determined pursuant to Section 65585 to be in substantial compliance with the requirements of this article, and the proposed housing development —,-_ is located on a site that is designated for residential or commercial uses in any element of the general plan as of the date the application was deemed complete. (d) An applicant may file an appeal with the committoo http://info.sen.ca.gov/pub/bill/sen/sb_0701-0750/sb_744_bill 20030603 amended sen.html 4/14/2004 SB 744 Senate Bill - AMENDED Page 3 of 4 department within 20 days after the date of the decision by the local agency to deny the application or approve the application with conditions that render the provision of housing infeasible. The committoo department shall notify the local agency of the filing of such an appeal within 10 days, and the local agency shall, within 10 days of the receipt of the notice, transmit a copy of its decision and the reasons therefor to the c mmitt department . The appeal shall be heard within 30 days after receipt of the request for an appeal by the applicant. The f on or moro m mb rs f tho b ard, or a h aring offic r appointed by the chair f th b and appeal hearing may be conducted by the department or a hearing officer appointed by the director of the department . A stenographic record of the proceedings shall be kept. At its noxt fi..11 mooting, tho c mmitt e Within 30 days of the appeals hearing, the department shall render a written decision, based upon a majority vote, stating its findings of fact, its conclusions and the reasons therefor. The hearing by the H using Acc untability C mmitt department shall be limited to the issue of whether, in the case of the denial of an application, the decision of the city, county, or city and county was reasonable and consistent with meeting local housing needs as determined pursuant to Section 65584 and, in the case of an approval of an application with conditions and requirements imposed, whether those conditions and requirements render the provision of housing infeasible and whether they are reasonable and consistent with meeting local housing needs as determined pursuant to Section 65584. If the c mmitt e department finds, in the case of a denial, that the decision of the local agency is not reasonable or consistent with meeting local housing needs, it shall vacate the decision and shall direct the local agency to issue any necessary approval or permit to the applicant. If the c mmitt department finds, in the case of an approval with conditions and requirements imposed, that the decision of the board renders the provision of housing infeasible and is not reasonable or consistent with meeting local housing needs, it shall order the local agency to modify or remove any such condition or requirement so as to make the project no longer infeasible and to issue any necessary permit or approval. Decisions or conditions and requirements imposed by a local agency that are consistent with meeting local housing needs shall not be vacated, modified, or removed by the committoo department notwithstanding that those decisions or conditions and requirements have the effect of rendering the provision of housing infeasible. (e) In any appeal before the c mmitt department , the applicant shall have the initial burden of proof to show that it has met the requirements of subdivision (c). In a case of approval with conditions or requirements imposed, the applicant shall also have the burden of proof to show that the conditions and requirements render the provision of housing infeasible. If the applicant meets the initial burden of proof, then the city, county, or city and county shall have the burden of proof to show that its action was reasonable in that denial of the project or the failure to implement the conditions and requirements, as proposed, would have a specific, adverse impact, as defined in Section 65589.5, upon the public health or safety, the physical environment, or on any real property that is listed in the California Register of Historical Resources, that there is no feasible method http://info.sen.ca.gov/pub/bill/sen/sb _0701-0750/sb_744 bill_20030603_amended_sen.html 4/14/2004 SB 744 Senate Bill AMENDED Page 4 of 4 to satisfactorily mitigate or avoid the specific adverse impact without rendering the project infeasible, and that the mitigation or avoidance of such impacts outweigh local housing needs. (f) The H using Acc untability C mmitt department or the applicant shall have the power to enforce the orders of the c mmitt department at law or in equity in the superior court. The city, county, or city and county shall carry out the order of the H using Acc untability C mmitt department within 30 days of its entry and, upon failure to do so, the order of the c mmitt department shall for all purposes, be deemed to be the action of the local agency, unless the applicant consents to a different decision or order by the local agency. (g) The department may charge a fee to cover actual costs directly related to the activities of the W nG. o rtah;1;t C mmitt department in administering this section . The fee shall initially be paid by the applicant. • If the c mmitt department orders approval of the proposed development or modifies or removes any conditions or requirements imposed upon the applicant, the city, county, or city and county shall reimburse the applicant for the fee paid pursuant to this subdivision. (h) (1) For the purposes of this section, "housing development" means a development project consisting of one or more residential dwelling units or an emergency shelter facility. (2) For the purposes of this section, an adopted housing element that has been self -certified pursuant to Section 65585.1 shall be deemed to have been approved by the department, unless a court finds that the jurisdiction's housing element does not substantially comply with this article. (i) The remedies provided in this section are in addition to any other remedy provided by law. http://info. sen.ca.gov/pub/bill/sen/sb_0701-0750/sb_744_bi11 20030603_amended sen.html 4/14/2004