HomeMy WebLinkAboutLegislative Review - SB 326 (Dunn) HousingCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE
ACTION ON SB 326 (DUNN) AT ITS MEETING OF MARCH 22, 2005
DATE: April 14, 2005
CONTENTS: SB 326 Language
Recommendation:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of March 22, 2005, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to SB 326 (Dunn) relative to housing.
Executive Summary:
Passage of SB 326 would allow multifamily dwellings to be exempt from obtaining
conditional use permits under specific circumstances.
Background:
Current law requires multifamily residential housing projects to be a permitted use not
subject to a conditional use permit on any parcel zoned for multifamily housing if certain
percentages of the units are available at affordable housing costs to very low, low, and
moderate -income households for at least 30 years and if the project meets specified
conditions, i.e., the project is subject to a discretionary decision other than a conditional
use permit or if a negative or mitigated negative declaration has been adopted for the
project by CEQA. Existing law also permits the negative or mitigated negative declaration
to be adopted only after a public hearing to receive comments on that declaration. SB 326
would delete "multifamily" and instead provide that a housing development that is proposed
to be placed on a parcel zoned for multifamily or single family use is not subject to a
conditional use permit on any parcel zoned for housing, if the existing percentages of the
units are available at affordable housing costs to very low, low, or moderate income
households.
SB 326 is yet one more attempt by the State Legislature to mandate on a statewide basis
the manner in which local agencies build and develop their communities. Decisions on
such matters are better left to officials who have been locally elected to represent specific
communities and in more of a position to determine their proper complexion, layout, and
development. The language of this bill could also affect the manner in which the City of
Palm Desert conducts its day-to-day business in this regard. Therefore, the Legislative
Review Committee recommends that the City Council oppose SB 326 and direct staff to
prepare a letter stating that position to appropriate legislators for the Mayor's signature.
PATRICIA SCULLY, EE
SENOR MANrAGFWENT AN YST
,/SHEILA R. GILIGAN//�
ASSISTANT CITY AN GER/PIO
N � P,
PAUL S. GIBSON
DIR OF FINANCE/CITY TREASURER
N i�
SB 326 Senate Bill - INTRODUCED 1 Pagel of 3
BILL NUMBER: SB 326 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Dunn
(Coauthor: Assembly Member Arambula)
FEBRUARY 16, 2005
An act to amend Section 65589.4 of the Government Code, relating
to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 326, as introduced, Dunn. Land use: housing elements.
Existing law requires a multifamily residential housing project to
be a permitted use, not subject to a conditional use permit, on any
parcel zoned for multifamily housing if at least certain percentages
of the units are available at affordable housing costs to very low
income, lower income, and moderate -income households for at least 30
years and if the project meets specified conditions. Among those
conditions are that the project is subject to a discretionary
decision, other than a conditional use permit, and a negative or
mitigated negative declaration has been adopted for the project under
the California Environmental Quality Act (CEQA). Existing law
permits the negative or mitigated negative declaration to be adopted
only after a public hearing to receive comments on that declaration
if a public hearing is not held with respect to the discretionary
decision.
This bill would delete "multifamily" and instead provide that a
housing development that is proposed to be placed on a parcel zoned
for multifamily or single family use is not subject to a conditional
use permit on any parcel zoned for housing, if the existing
percentages of the units are available at affordable housing costs to
very low income, lower income, and moderate -income households for at
least 30 years and if the project meets specified conditions.
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 65589.4 of the Government Code is amended to
read:
65589.4. (a) A -^•.' �: F-.--; 11. ; 44&ta.-61.
housing Fit_ development shall be
a permitted use not subject to a conditional use permit on
any parcel zoned for housing if it
satisfies the requirements of subdivision (b) and either of the
following:(I) The -prrQ j.cct_ housing
development satisfies the criteria of Section 21159.22,
21159.23, or 21159.24 of the Public Resources Code.
(2) The-F a;ajeot-- housing development
meets all of the following criteria:
(A) The jQr.QjQot housing development
is subject to a discretionary decision other than a conditional use
permit and a negative declaration or mitigated negative declaration
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SB 326 Senate Bill - INTRODUCED
Page 2 of 3
has been adopted for the-g-ca}ec4 housing
development under the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code). If no public hearing is held with respect to the discretionary
decision, then the negative declaration or mitigated negative
declaration for the project may be adopted only after a public
hearing to receive comments on the negative declaration or mitigated
negative declaration.
(B) The art housing development
is consistent with both the jurisdiction's zoning ordinance and
general plan as it existed on the date the application was deemed
complete, except that a-g=G}est housing
development shall not be deemed to be inconsistent with the
zoning designation for the site if that zoning designation is
inconsistent with the general plan only because the project site has
not been rezoned to conform with
the most recent adopted general plan.
(C) The pxoj�ect._ housing development
is located in an area that is covered by one of the following
documents that has been adopted by the jurisdiction within five years
of the date the application for the F=GjQGt
housing development was deemed complete:
(i) A general plan.
(ii) A revision or update to the general plan that includes at
least the land use and circulation elements.
(iii) An applicable community plan.
(iv) An applicable specific plan.
(D) The rcent_ housing development
consists of not more than 100 residential units with a minimum
density of not less than 12 units per acre.
(E) The ..Fa;cject- housing development
is located in an urbanized area as defined in Section 21071 of the
Public Resources Code or within a census -defined place with
population density of at least 5,000 persons per square mile or, if
the project consists of 50 or fewer units, within an incorporated
city with a population density of at least 2,500 persons per square
mile and a total population of at least 25,000 persons.
(F) The-pr-ajeet_ housing development
is located on an infill site as defined in Section 21061.0.5 of the
Public Resources Code.
(b) At least 10 percent of the units of the
hou sing development shall be
available at affordable housing cost to very low income households,
as defined in Section 50105 of the Health and Safety Code, or at
least 20 percent of the units of the housing development shall be
available at affordable housing cost to lower income households, as
defined in Section 50079.5 of the Health and Safety Code, or at least
50 percent of the units of the housing development available at
affordable housing cost to moderate -income households, consistent
with Section 50052.5 of the Health and Safety Code. The developer of
the-ga;4p}cst_. housing development shall
provide sufficient legal commitments to the local agency to ensure
the continued availability and use of the housing units for very low,
low-, or moderate -income households for a period of at least 30
years.
(c) Nothing in this section shall prohibit a local agency from
applying design and site review standards in existence on the date
the application was deemed complete.
(d) The provisions of this section are independent of any
obligation of a jurisdiction pursuant to subdivision (c) of Section
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SB 326 Senate Bill - INTRODUCED Page 3 of 3
65583 to identify multifamily sites developable by right.
(e) This section does not apply to the issuance of coastal
development permits pursuant to the California Coastal Act (Division
20 (commencing with Section 30000) of the Public Resources Code).
(f) This section does not relieve a public agency from complying
with the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code).
Heading Authors line 2.
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