HomeMy WebLinkAboutLegislative Review - SB 575 (Torlakson, Ducheny, Dunn) Local PlanningCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW
ACTION ON SB 575 (TORLAKSON, DUCHENY,
MEETING OF MARCH 22, 2005
DATE:
CONTENTS
Recommendation:
April 14, 2005
SB 575 Language
COMMITTEE
DUNN) AT ITS
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 575 (Torlakson, Ducheny, Dunn) relative to local planning.
Executive Summary:
Passage of SB 575 would revise the conditions upon which a disapproval or conditional
approval of specific types of housing developments are based.
Background:
Current law requires that local agencies not disapprove a housing development project for
very low, low, or moderate -income households or condition approval, including through the
use of design review standards, in a manner that renders the project infeasible for
development for those households unless it makes written findings based upon substantial
evidence in the record. Further, the Planning and Zone Law also requires that in any
action to enforce these provisions, if a court finds that a local agency disapproved the
project or conditioned its approval without making the required findings or without making
sufficient findings supported by substantial evidence, the court shall issue an order or
judgment to compel compliance. SB 575 would revise various conditions upon which a
disapproval or a conditional approval of such housing development projects are based.
The language of SB 565, Section 1, 65589.5, sections 2-4, specifically places the blame
for California's affordable housing shortage at the feet of local agencies, including charter
cities, and seeks to remedy this crisis by mandating the manner in which local agencies
approve very low, low, and moderate -income households in their communities.
Because the broad stroked assumptions made in a portion of the language of SB 565 are
not necessarily accurate and mandating how local housing development projects are
permitted on a statewide basis could affect the manner in which Palm Desert conducts its
day to day business, the Legislative Review Committee recommends that the City Council
oppose SB 575 and direct staff to prepare a letter stating that position to appropriate
legislators for the Mayor's signature.
PATRICIA SCUD CFEE .
SENIOR MANAGEMENT ANALYST
SHEILA R. GILLIGAN / )
ASSISTANT CITY M.4N,9(GER/PIO
PAUL S. GI SON
DIR OF FINANCE/CITY TREASURER
CARLOS L. OIGA
CITY MANAGER
SB 575 Senate Bill - INTRODUCED CD Page 1 of 6
BILL NUMBER: SB 575 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Torlakson, Ducheny, and Dunn
FEBRUARY 18, 2005
An act to amend Section 65589.5 of the Government Code, relating
to local planning.
LEGISLATIVE COUNSEL'S DIGEST
SB 575, as introduced, Torlakson. Housing development projects.
The Planning and Zoning Law requires that a local agency not
disapprove a housing development project, including farmworker
housing, for very low, low-, or moderate -income households or
condition its approval, including through the use of design review
standards, in a manner that renders the project infeasible for
development for those households unless it makes written findings,
based upon substantial evidence in the record, as to one of a number
of specified conditions.
The Planning and Zoning Law also requires that in any action to
enforce these provisions, if a court finds that the local agency
disapproved the project or conditioned its approval without making
the required findings or without making sufficient findings supported
by substantial evidence, the court shall issue an order or judgment
to compel compliance with these provisions within 60 days, including
an award of reasonable attorney's fees and costs of suit to the
plaintiff or petitioner who proposed the housing development, and may
issue further orders to ensure that the purposes and policies of
these provisions are fulfilled if its order or judgment has not been
carried out within the 60-day period.
This bill would revise the conditions upon which a disapproval or
a conditional approval of the housing development project is based.
It would also delete that provision that authorizes the court to
issue further orders to ensure that the purposes and policies of
these provisions are fulfilled and would, instead, authorize the
court to vacate. the decision of the local agency and direct the local
agency to issue any necessary approval or permit to the applicant,
as specified. The bill would also require the court to award actual
damages to the plaintiff or petitioner who proposed the housing
development, except as specified.
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 65589.5 of the Government Code is amended to
read:
65589.5. (a) The Legislature finds and declares all of the
following:(1) The lack of housing is a critical problem that
threatens the economic, environmental, and social quality of life in
California.
(2) California housing has become the most expensive in the
nation. The excessive cost of the state's housing supply is partially
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SB 575 Senate Bill - INTRODUCED
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caused by activities and policies of many local governments that
limit the approval of housing, increase the cost of land for housing,
and require that high fees and exactions be paid by producers of
housing.
(3) Among the consequences of those actions are discrimination
against low-income and minority households, lack of housing to
support employment growth, imbalance in jobs and housing, reduced
mobility, urban sprawl, excessive commuting, and air quality
deterioration.
(4) Many local governments do not give adequate attention to the
economic, environmental, and social costs of decisions that result in
disapproval of housing projects, reduction in density of housing
projects, and excessive standards for housing projects.
(b) It is the policy of the state that a local government not
reject or make infeasible housing developments that contribute to
meeting the housing need determined pursuant to this article without
a thorough analysis of the economic, social, and environmental
effects of the action and without complying with subdivision (d).
(c) The Legislature also recognizes that premature and unnecessary
development of agricultural lands for urban uses continues to have
adverse -effects on the availability of those lands for food and fiber
production and on the economy of the state. Furthermore, it is the
policy of the state that development should be guided away from prime
agricultural lands; therefore, in implementing this section, local
jurisdictions should encourage, to the maximum extent practicable, in
filling existing urban areas.
(d) A local agency shall not disapprove a housing development
project, including farmworker housing as defined in subdivision (d)
of Section 50199.50 of the Health and Safety Code, for very low, low -
or moderate -income households or condition approval, including
through the use of design review standards, in a manner that renders
the project infeasible for development for the use of very low, low -
or moderate -income households unless it makes written findings, based
upon substantial evidence in the record, as to one of the following:
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or
The development project
as proposed would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact without rendering the
development unaffordable to low- and moderate -income households. As
used in this paragraph, a "specific, adverse impact" means a
significant, quantifiable, direct, and unavoidable impact, based on
objective, identified written public health or safety standards,
policies, or conditions as they existed on the date the application
was deemed complete.
(2) The denial of the project or imposition
of conditions is required in order to comply with specific state or
federal law, and there is no feasible method to comply without
rendering the development unaffordable to low- and moderate -income
households.
--4 "
(3) The development project is proposed on
land zoned for agriculture or resource preservation that is
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surrounded on at least two sides by land being used for agricultural
or resource preservation purposes, or which does not have adequate
water or wastewater facilities to serve the project.
( 5 ) '1,
(4) Except as provided in subparagraphs
(A) and (B), the development project is inconsistent with both
the jurisdiction's zoning ordinance and general plan land use
designation as specified in any element of the general plan as it
existed on the date the application was deemed complete, and the
jurisdiction has adopted a revised housing element in
accordance with Section 65588 that is in substantial
compliance with this article.
(A) This paragraph cannot be
utilized to disapprove a housing development project defined in
subdivision (a) if the development project is proposed on a site that
is identified as su i table or
available for very low, low-, or moderate -income households in
the jurisdiction's housing element, and consistent with the density
specified in the housing element, even though it is inconsistent with
both the jurisdiction's zoning ordinance and general plan land use
designation.
(B) If the local agency's housing element has neither been
self -certified pursuant to Section 65585.1 nor been determined by the
department pursuant to Section 65585 to be in substantial compliance
with this article based at least in part on the inadequacy of sites
to accommodate the community's share of the regional housing need as
determined pursuant to Section 65584, this subdivision cannot be
utilized to disapprove a housing development project defined in
subdivision (a) proposed for a parcel designated in any element of
the general plan for residential or commercial uses.
(e) Nothing in this section shall be construed to relieve the
local agency from complying with the Congestion Management Program
required by Chapter 2.6 (commencing with Section 65088) of Division 1
of Title 7 or the California Coastal Act (Division 20 (commencing
with Section 30000) of the Public Resources Code). Neither shall
anything in this section be construed to relieve the local agency
from making one or more of the findings required pursuant to Section
21081 of the Public Resources Code or otherwise complying with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
(f) Nothing in this section shall be construed to prohibit a local
agency from requiring the development project to comply with
objective, quantifiable, written development standards, conditions,
and policies appropriate to, and consistent with, meeting the
jurisdiction's share of the regional housing need pursuant to Section
65584. However, the development standards, conditions, and policies
shall be applied to facilitate and accommodate development at the
density permitted on the site and proposed by the development
project. Nothing in this section shall be construed to prohibit a
local agency from imposing fees and other exactions otherwise
authorized by law that are essential to provide necessary public
services and facilities to the development project.
(g) This section shall be applicable to charter cities because the
Legislature finds that the lack of housing is a critical statewide
problem.
(h) The following definitions apply for the purposes of this
section:
(1) "Feasible" means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account
economic, environmental, social, and technological factors.
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(2) "Housing development project" means a use consisting of either
of the following:
(A) Residential units only.
(B) Mixed -use developments consisting of residential and
nonresidential uses in which nonresidential uses are limited to
neighborhood commercial uses and to the first floor of buildings that
are two or more stories. As used in this paragraph, "neighborhood
commercial" means small-scale general or specialty stores that
furnish goods and services primarily to residents of the
neighborhood.
(3) "Housing for very low, low-, or moderate -income households"
means that either (A) at least 20 percent of the total units shall be
sold or rented to lower income households, as defined in Section
50079.5 of the Health and Safety Code, or (B) 100 percent of the
units shall be sold or rented to moderate -income households as
defined in Section 50093 of the Health and Safety Code, or
middle -income households, as defined in Section 65008 of this code.
Housing units targeted for lower income households shall be made
available at a monthly housing cost that does not exceed 30 percent
of 60 percent of area median income with adjustments for household
size made in accordance with the adjustment factors on which the
lower income eligibility limits are based. Housing units targeted for
persons and families of moderate income shall be made available at a
monthly housing cost that does not exceed 30 percent of 100 percent
of area median income with adjustments for household size made in
accordance with the adjustment factors on which the moderate income
eligibility limits are based.
(4) "Area median income" means area median income as periodically
established by the Department of Housing and Community Development
pursuant to Section 50093 of the Health and Safety Code. The
developer shall provide sufficient legal commitments to ensure
continued availability of units for very low or low-income households
in accordance with the provisions of this subdivision for 30 years.
(5) "Neighborhood" means a planning area commonly identified as
such in a community's planning documents, and identified as a
neighborhood by the individuals residing and working within the
neighborhood. Documentation demonstrating that the area meets the
definition of neighborhood may include a map prepared for planning
purposes which lists the name and boundaries of the neighborhood.
(6) "Disapprove the development project" includes any instance in
which a local agency does either of the following:
(A) Votes on a proposed housing development project application
and the application is disapproved.
(B) Fails to comply with the time periods specified in
subparagraph (B) of paragraph (1) of subdivision (a) of Section
65950. An extension of time pursuant to Article 5 (commencing with
Section 65950) shall be deemed to be an extension of time pursuant to
this paragraph.
(i) If any city, county, or city and county denies approval or
imposes restrictions, including design changes, a reduction of
allowable densities or the percentage of a lot that may be occupied
by a building or structure under the applicable planning and zoning
in force at the time the application is deemed complete pursuant to
Section 65943, that have a substantial adverse effect on the
viability or affordability of a housing development for very low,
low-, or moderate -income households, and the denial of the
development or the imposition of restrictions on the development is
the subject of a court action which challenges the denial, then the
burden of proof shall be on the local legislative body to show that
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its decision is consistent with the findings as described in
subdivision (d) and that the findings are supported by substantial
evidence in the record.
(j) When a proposed housing development project complies with
applicable, objective general plan and zoning standards and criteria,
including design review standards, in effect at the time that the
housing development project's application is determined to be
complete, but the local agency proposes to disapprove the project or
to approve it upon the condition that the project be developed at a
lower density, the local agency shall base its decision regarding the
proposed housing development project upon written findings supported
by substantial evidence on the record that both of the following
conditions exist:
(1) The housing development project would have a specific, adverse
impact upon the public health or safety unless the project is
disapproved or approved upon the condition that the project be
developed at a lower density. As used in this paragraph, a "specific,
adverse impact" means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date the application was deemed complete.
(2) There is no feasible method to satisfactorily mitigate or
avoid the adverse impact identified pursuant to paragraph (1), other
than the disapproval of the housing development project or the
approval of the project upon the condition that it be developed at a
lower density.
(k) If in any action brought to enforce the provisions of this
section, a court finds that the local agency disapproved a project or
conditioned its approval in a manner rendering it infeasible for the
development of housing for very low, low-, or moderate -income
households, including farmworker housing, without making the findings
required by this section or without making sufficient findings
supported by substantial evidence, the court shall issue an order or
judgment compelling compliance with this section within 60 days,
including, but not limited to, an order that the local agency take
action on the development project. The court shall retain
jurisdiction to ensure that its order or judgment is carried out and
shall award reasonable attorney's fees , actual damages,
and costs of suit to the plaintiff or petitioner who proposed the
housing development, except under extraordinary circumstances in
which the court finds that awarding fees or damages would
not further the purposes of this section. If the court determines
that its order or judgment has not been carried out within 60 days,
the court may -irru^ x. }. a� ., Y ea w. ,
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a
vacate the decision of the local agency and direct the
local agency to issue any necessary approval or permit to the
applicant. The local agency shall carry out the order of the court
within 30 days of its entry and, upon failure to-do so, the order of
the court 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 .
(1) In any action, the record of the proceedings before the local
agency shall be filed as expeditiously as possible and,
notwithstanding Section 1094.6 of the Code of Civil Procedure, all or
part of the record may be filed (1) by the petitioner with the
petition or petitioner's points and authorities, (2) by the
respondent with respondent's points and authorities, (3) after
payment of costs by the petitioner, or (4) as otherwise directed by
the court. If the expense of preparing the record has been borne by
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the petitioner and the petitioner is the prevailing party, the
expense shall be taxable as costs.
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