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.
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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,
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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.
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(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
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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
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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
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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
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