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Home My WebLink AboutAB2069 Residential DevelopmentREQUEST: DATE: L CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON AB 2069 (JONES) AT ITS MEETING OF MARCH 25, 2008 April 10, 2008 CONTENTS: AB 2069 Language RECOMMENDATION: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 25, 2008, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2069 (Jones) relative to residential development. BACKGROUND: The Planning and Zoning Law prohibits a city from reducing, requiring, or permitting the reduction of residential density for any parcel or to allow the development of any parcel at a lower residential density unless the City makes certain written findings. If passed, AB 2069 would redefine "lower density" for the purposes of these prohibitions. Because the language of this bill would specify a blanket density on a State-wide basis, without regard to local general plan provisions, zoning issues would be controlled by the State rather than local legislative bodies. Because the City of Palm Desert opposes any bill which removes local control from the manner in which it conducts its day-to-day businesses, the Legislative Review Committee recommends that the City Council oppose AB 2069 and direct staff to prepare a letter stating that position to appropriate Legislators for the Mayor's signature. o w w 0 CA Q) 1-1 A H W -i U SHEILA R. G IGAN CARLOS L. Oc EGA o '�+ ACM/COMMUNITY SERVI ►-a 0 6G LL ri d. -rl W i ALC'QCO C U ••Car(p._Z.• Z W (u H .... Z'4 4 H >i al g V) U) W H H t3) Hap�t� 01>+41 OWCOW �4 SENIOR MANAGEMENT ANLYST PATRICIA SCULLY, CFEE PAUL GIBSON DIRECTOR OF FINANCE/ CITY TREASURER CITY MANAGER AB 2069 Assembly Bill - INTRODUCED Page 1 of 3 RILL NUMBER: AB 2069 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Jones FEBRUARY 19, 2008 An act to amend Section 65863 of the Government Code, relating to local planning. LEGISLATIVE COUNSEL'S DIGEST AB 2069, as introduced, Jones. Local planning: residential development. The Planning and Zoning Law prohibits a city, county, or city and county from reducing, cr 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, as specified, for purposes of the above prohibition. 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 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 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 Sectior. 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) Tne requirements of this section shall be in addition to any http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2051-2100/ab_2069_bi11_20080219_introduc... 3/28/2008 AB 2069 Assembly Bill - INTRODUCED Page 2 of 3 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 ' 1-11:.Li,,.. jurisdiction's housing element inventory described in paragraph (3) of subdivision (a) of Section 65583, 1.,,,..,1..y ,...IL N� y 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, t Cn9ity Cf Ll._ CiiCC� .t 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 —feet- -f 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 any 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. —Fe_r—t L1.1 ., if http://info. sen.ca. gov/pub/07-08/bill/asm/ab_2051-2100/ab_2069_bi 11_20080219_introduc... 3/28/2008 AB 2069 Assembly Bill - INTRODUCED Page 3 of 3 (ii) For sites on which residential and nonresidential uses are permitted, approval of a use that would result in the development of fewer than 80 percent of the number of residential units that would be allowed under the maximum residential density for the site. (B) If the council of governments fails to complete a final housing need allocation pursuant to the deadlines established by Section 65584.05, then for purposes of this section, the deadline <<,_ i L1... pursuant to Section 65588 shall be extended by a time period equal to the number of days of delay incurred by the council of governments in completing the final housing need allocation. http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2051-2100/ab_2069_bill_20080219_introduc... 3/28/2008