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HomeMy WebLinkAboutReso - CC - 012-2004RESOLUTION NO. 12-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME OPPOSING SB 744 THAT WOULD EMPOWER THE STATE'S EXECUTIVE BRANCH TO UNILATERALLY OVERTURN LOCAL LAND USE DECISIONS RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS, the State Legislature is considering SB 744 that would empower the Executive Branch of State Government through the Department of Housing and Community Development to unilaterally overturn land use decisions that the Department decides were not reasonable or consistent with its views of local housing needs; and WHEREAS, the State of California has no general plan and no coherent State housing program, but instead has pushed fiscal and political responsibility for all housing in the State onto local governments; and WHEREAS, this bill would allow the State's bureaucracy, which is not responsive or accountable to local citizens or communities, to seize control of local land use and serve the special interests concentrated in the State Capitol; and WHEREAS, local governments have the only processes, plans, and accountability to decide local land use issues in a democratic form of government; and WHEREAS, the State of California should devote its energies to putting its own house in order over the coming years rather than ordering local governments how to govern, NOW, THEREFORE, it is hereby resolved: 1. The State Legislature is urged to defeat SB 744 as an unwarranted, unfunded, and improper intrusion in local affairs. 2. Should the bill be passed by the Legislature, the Governor is urged to veto SB 744. o,.o`,-?, Mayor I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the LZ-tbday of February. 2004, and adopted thereafter by the following vote: AYES: COUNCILMEMBER: COFFEY, GALLiGAA, NAGEL, O'rrAHONY NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: BAYLocK ✓Ir�R- C City Clerk AMENDED IN SENATE .TUNE 3, 2003 AMENDED IN SENATE APRIL 21, 2003 SENATE BILL No. 744 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 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 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-establish—A4614n require the department-a4Iousing Aeeountability Committee consisting of -' me—mbers, appairAed as speeified, to hear appeals of city, county, or city and county decisions on applications for the construction of housing developments that meet specified affordability requirements. 97 SB 744 —2— Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows: I SECTION 1. Section 65585.4 is added to the Government Code, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 - ._IRS 65585.4. (a) The department shall hear appeals pursuant to this section at least qtwtedy or mom often as neeessar�,. The eammittee. The department shall conduct the hearings in accordance with rules and regulations established by the (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 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. 97 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 -3— SB 744 (c) An applicant may file an appeal with the eenimittee 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 97 a SB 744 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —4— 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 eammittee 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 eommittee department shall notify the local agency of the filing ofsueh 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 committee department. The appeal shall he heard within 30 days after receipt of the request for an appeal by the applicant. The appeal heafing may be of the boafd, of a hearing offieef appointed by die chaif of th-e beard -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.tnom its nest full meefing; the eommiftee 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 Eemmittee 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 eenunittee 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 eommittee 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 97 F 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 -5— SB 744 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 eemmittee 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 eenrmittee—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 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 department or the applicant shall have the power to enforce the orders of the eanwai#ee department at law or in equity in the superior court. The city, county, or city and county shall carry out the order of the department within 30 days of its entry and, upon failure to do so, the order of the-e� 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 Housing Aceountability GowAnittee department in administering this section. The fee shall initially be paid by the applicant. If the een3rsittee department orders approval of the proposed development or modifies or removes any conditions or requirements imposed upon the 97 SB 744 —6 1 applicant, the city, county, or city and county shall reimburse the 2 applicant for the fee paid pursuant to this subdivision. 3 (h) (1) For the purposes of this section, "housing 4 development" means a development project consisting of one or 5 more residential dwelling units or an emergency shelter facility. 6 (2) For the purposes of this section, an adopted housing 7 element that has been self -certified pursuant to Section 65585.1 8 shall be deemed to have been approved by the department, unless 9 a court finds that the jurisdiction's housing element does not 10 substantially comply with this article. 11 (i) The remedies provided in this section are in addition to any 12 other remedy provided by law. Eel 97 F