The URL can be used to link to this page

Home My WebLink AboutInfo Item - SB 375 - New Greenhouse Gas Reduction CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Receive and file informational report on recently passed SB 375 relative to a new greenhouse gas reduction law requiring significant changes to local planning processes and imposing new affordable housing mandates. SUBMITTED BY: Lauri Aylaian, Director of Community Development DATE: October 23, 2008 CONTENTS: Informational Bulletin on SB 375 from Richards, Watson & Gershon Recommendation: That the City Council, by minute motion, receive and file the attached informational bulletin on SB 375, which is a new greenhouse gas reduction law requiring significant changes to local planning processes and imposing new affordable housing mandates. Executive Summary: Governor Schwarzenegger recently signed into law SB 375, which takes effect January 1, 2009 and has significant implications for the provision of affordable housing and the approval of housing element updates prepared by individual cities. Discussion: In response to direction from the City Council, City staff is revising the draft housing e�ement update which was due June 30, 2008. The revised draft will be on the November 20, 2008 City Council agenda. Recently passed State of California legislation will have direct and significant impact on the City's ongoing efforts to provide affordable housing stock, and to update the housing element. In order for the City Council to be aware of the issues that will be encompassed in the proposed update of the housing element, the attached bulletin from Staff Report Informational Report on SB 375 October 23, 2008 Page 2 of 2 Richards, Watson & Gershon is being distributed for your information. A detailed digest of the legislation is also available upon request. Submitted by: ",_ �- Lauri Aylaian Director of Community Development Approva � �� A � L ^ Homer Croy ACM for p opment Services �'ITY COL7NCZL ACTION: ,��,PPROV�D o DENIEIJ �CEI�,'ED � �'�P..�.... 9'�H�R Carlos . Ortega -- � �. City Manager �'�'z�� -�� "G--.� - �YkaS r Sc �f� i DI�F�e . �o �1�/1� � �B air?�T� �.Ba i'�I Iv: � ' �7EgIFIED BY• � (�riginal on File with City Clerk's OffirE. G:\Planning\Tonya Monroe\word files\City Council StaH Reports\10-23-08 SB 375.doc � � � � : , � � September 2008 New Greenhouse Gas Reduction Law Requires Significant Changes to Local Planning Process and Imposes New Affordable Housing Mandates The California State Legislature recently passed and the Governor has signed Senate Bi11375. This is a far-reaching bill that requires regional planning agencies to develop strategies for meeting greenhouse emission targets as a part of regional transportation plans, provides regulatory incentives for development projects near existing transit facilities, and strengthens mandates on local agencies to provide for affordable housing. The law will take effect on January l, 2009. SB 375 focuses on regional planning, but municipalities should heed its new affordable housing mandates. If local agencies fail to identify adequate sites in their housing elements to accommodate their share of regional housing needs, the law imposes sanctions, mandatory rezoning, and compulsory approval of multifamily housing developments. Local agencies must also now hold an annual public hearing to discuss their progress in accomplishing their housing element objectives. Additionally, housing element updates and the allocation of regional housing needs will now be timed to follow regional transportation plan updates every eight years. Beyond the affordable housing mandates, the main goal of SB 375 is to discourage sprawl and reduce greenhouse gas emissions by linking regional transportation, land use, and housing development policies. The law requires the California Air Resources Board(CARB), in consultation with local governments and other stakeholders, to set greenhouse gas emission targets for regions across the state. Regional councils of governments, in consultation with local governments, must then draft transportation and land use strategies to meet these targets as a component of their regional transportation plans. If CARB finds these "sustainable communities strategies" to be insufficient to meet emissions targets, the regional councils must develop alternate strategies. Failure to complete the planning required by SB 375, and to update these plans every four years, could result in the loss of state and federal transportation funding for certain projects. SB 375 gives incentives to developments that minimize greenhouse gas emissions. To this end, it amends the California Environmental Quality Act(CEQA) to streamline "transit priority" projects that do not contribute to sprawl or traffic. For instance, residential and mixed-use residential projects consistent with a state-approved regional transportation plan will not have to analyze certain environmental impacts under CEQA. Similarly,high-density residential projects near transit corridors may qualify for a CEQA exemption or a streamlined approval process. SB 375's effects will be felt locally. Municipalities will have to meet the new mandates for affordable housing. They will have a stake in how councils of governments will encourage or discourage development within their communities through transportation funding. They will also have to evaluate their general plans, including their land use, housing, and transportation elements for compliance with regional goals and to take into account how future housing and transportation projects contribute to global warming. And their planners will have new tools and exemptions to CEQA available to streamline the environmental review of urban "transit priority" projects. FOR ADVICE FROM RW&G CONCERNING SENATE BILL 375, LAND USE OR GLOBAL WARMING ISSUES, PLEASE CONTACT GEOFFREY L.WARD AT '��':t�t��;��4��[,;��1�� 3't�ALEXANDER ABBE AT,�1[31�� £ ��i�Lt�,�'��, `� �� '�, LAURENCE S.�WIENER AT KEVIN G. ENNIS ATe��ee �_ � '__�.��'�� {'�a�� _� � ��,OR ANY OF THE LAWYERS IN THE FIRM'S I�t �� ; � ��'DEPARTMENT OR �.:�:.t�t�,�[_ � t�:��;_PRACTICE GROUP. � � Richards,Watson&Gershon,is a full-service law firm of more than 701awyers,serving as city attorney,agency counsel,bond counsel,general counsel and special counsel to over 50 public agencies throughout the state for over 50 years.With offices in Los Angeles,Orange County,and San Francisco,Richards,Watson&Gershon also serves a distinguished roster of private sector clients. Core practice areas include: t';��i��i��a r��°� �a�ar,C:�l�a�°,��a�aC ��a� ��c�;}�� `�r�;��r�� __�ylr�=�- 4„i�$.,;s#Ig)�) �£;,{,0xa �:si_&ltie a� ��938TT 3RT& ��€t€�5�4� �"�f3i�4�� '4� 'S£,L�BS'�'�S➢&9RP8 k:i��.%€�d35 �€��7'a�@� �3@��k5Y1 I I� ,,,_, I.� I .,...»._ _.._.�...I ��(�t�4B�it€ �.�$.�k�I ��i:.al� $.;8�r� I:� b1��x�.€��6t I.'€�; 94��8'a„_.I�:.��klt �1�.aa'YI£:�Bi�t� ;�YSB'��a&t'�'£'S I�.'td`az�?a;` � -- �......._...�.....a... ..._._...,....,_._:..... � $T3E-s �� E ks. ........:...:. ._...;._.� $¢_... _..�� .,.....,....,�.`..,.'�_.....� � tiz�...�ss �_,,,.�.� _,�_sa��a �� , r�i ��a �°��a��'.3 �� r �� i°� '.._,,,,,,,e_.��..,,�,..� RW&G's e-ALERT is a newsletter by the Firm's lawyers and distributed to clients and friends. The e-ALERT provides general information about events of current legal importance;it does not constitute legal advice.We recommend that you consult your own legal counsel before acting on this information. You are cunently subscribed to receive RW&G's e-ALERT.If you would prefer to stop receiving e-ALERTs,please a B�:�?��,�µ_'r�� >aµ��or e-mail us directly at�,�A �� '� r�=4�e �s�an� Feel free to 4'��v�n,z�t��s<t �€! . . . 2 �t i$'F3 ,,,,, ,.,,.,,.�..,,,,,,,,,�_,_...,., ,,,, ,�.................µ,;.�...�. �O 2008 Richards,Watson&Gershon.All rights reserved.