HomeMy WebLinkAbout1995-05-02; City Council; 13131; SUPPORTING AB 1715: SELF-CERTIFICATION OF HOUSING ELEMENTa E CG E 4
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CIS OF CARLSBAD - AGEW BILL , I..
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CITY DEPT.
CITY SUPPORTING AB 1715: SELF-CERTIFICATION MTG. 5-2-7 5
DEPT TITLE:
PLN & OF HOUSING ELEMENT
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RECOMMENDED ACTION:
That the Council ADOPT City Council Resolution No. 9.5~- I / 5 , indicating the Co
‘support for the approval of AB 1715 by the State Legislature.
ITEM EXPLANATION
The San Diego Association of Governments (SANDAG) is sponsoring state legislation to housing element law on behalf of the oities and the County, This bill, A6 1715 (copy atta
was introduced by Assemblyman Jan Goldsmith (Poway), and supports the principles of hc
element reform approved by SANDAG’s Board and the Housing Element Advisory Corn]
The Committee membership consists of locally elected officials, including Council M
Nygaard, and representatives from various housing interest groups, including the Asso’
of Realtors, the Legal Aid Society of San Diego, and the Building Industry Association. SE
is requesting support of this bill by the city councils and the Board of Supervisors. The at
resolution would express this support.
The bill would initiate a pilot program for the San Diego region, which would allow the citi
the County to self-certify that they have met certain Performance standards related to n
the region’s housing needs. If a city or the County is able to self-certify, its new or u
housing element would not be subject to a currently mandatory review by the State Depr
of Housing and Community Development. Under current law this review is often a lo;
difficult process.
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The bill proposes a standard for market-rate housing that would .require a city’s or the cc
zoning ordinance or general plan in effect at the time of certification to provide sufficier
(i.e.: acres) for the construction of enough new housing units to meet the jurisdiction’s s
the region’s over-all need for new housing.
A second performance standard would be concerned with housing for lower-income housc
SANDAG would work in consultation with the cities and the County, its Housing AI
Committee, and the State Department of Housing and Community Development. First, i
develop an estimate of the region’s existing and future housing needs for low and v
income households. Then, taking into consideration an assessment of the resources wl
actually available for housing assistance and local regulatory measures (like Cal
inclusionary housing program, directed at the private sector), it would establis
jurisdiction’s performance objective for lower-income housing assistance. This proces:
inherently recognize that the available resources are inadequate to meet all of the n
lower-income housing and establish realistically achievable standards. The bill would m
new standard applicable to the current as well as future planning periods.
ENVIRONMENTAL REVIEW
No environmental review is required for this action.
FISCAL 1 M PACT
As the City already aggressively pursues all available financial resources for housing as:
and new construction of housing affordable to lower-income households, this bill, if 1
would not enjoin the City to additional efforts. Therefore, there are no foreseeable fisca
to the City. / I 1
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AGENDA BILL NO. i3, 131 0
EXHIBIT:
1. City Council Resolution No. 75 - 1 /5 ,
2. AB 1715 (as amended March 24, 1995)
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RESOLUTION NO. 95-115
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, SUPPORTING
PASSAGE BY THE STATE LEGISLATURE OF
ASSEMBLY BILL 1715.
WHEREAS, state housing element law and its implementation currently fc
on the production of housing elements rather than meeting the housing needs of
state; and
WHEREAS, AB 1715 would allow the San Diego region to initiate a pilot
program that would shift the focus to the production of housing by ;allowing
jurisdictions to self-certify their housing elements if certain performance standard
met; and
WHEREAS, The San Diego Association of Governments would develop
standards for over-all new construction and for housing assistance for low-income
very low-income households in consultation with the cities and the County, the H
Element Advisory Committee, and the state Department of Housing and Commt
Development; and
WHEREAS, if the cities and the County qualify to self-certify that they m
those standards, the time-consuming and, in some cases, costly review of their hc
elements by the state Department of Housing And Community Development wo
eliminated;
NOW THEREFORE, BE IT RESOLVED by the City Council of the Cit
Carlsbad as follows:
1. That the above recitations are true and correct.
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2. That the City Council supports the purpose and objectives of Assen
Bill 1715 (Goldsmith).
3. That the California State Legislature is requested to approve and p
Assembly Bill 1715.
PASSED APPROVED AND ADOPTED at a regular meeting of the CiQ
Council of the City of Carlsbad, California, on the 2nd day of MAY
1995, by the following vote, to wit:
AYES: Council Members Lewis , Nygaard, Finnila, Hall
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
ALETHA L. RA
(SEAL)
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AMENDMENTS
3/24/95
ASSEMBLY BILL No. 1715
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INTRODUCED BY Assembly Member Goldsmith
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An act relating to local planning.
LEGISLATIVE COUNSEL'S DIGEST
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SEC 1. The Leaislature herebv finds and declares all of t followina:
j a) That the San Dieao Association of Governments, t council of aovernments in the San Dieao reaion, has adonted Reaional Growth Manaaement Strateav. based on a voter aDDro\
measure, which contains a reaional housina element consistent wj
this article.
(b) That for this reason the San Dieao reaion is uniauc suited to undertake a Dilot Droaram authorlzlna the loc aovernments within the iurisdiction of the San Dieao Association
dePartment, to establish criteria for self-certification, and
self-certifv compliance of their adoDted or amended hous
elements with the criteria for certification.
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Governments, in coniunction with the council of aovernments and 4
SEC 2. Section 65585 of the Government Code is amended
read:
65585. (a) In the preparation of its housing element, each c
and county shall consider the guidelines adopted by the departml pursuant to Section 50459 of the Health and Safety Code. Th, guidelines shall be advisory to each city or county in
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655&5. Z. Local aovernments within the iurisdiction of the Sa: Dieuo Association of Governments may submit a self-certification o compliance to the department with its adoDted or amended housin
element if the leais-lative bodv, after holdina a public hearin
makes a findina based upon substantial evidence that it has met th followina criteria for self-certification:
(1) That the citv's or county's zonina ordinance or aenerz plan currently in effect txovides sufficient sites for tt construction of the additional housina units needed to accommodal its reaional housina need for total new units (without reaard 1
income), as determined mrsuant to Section 65584.
(21 That the city or county meets the standard for providil housina affordable to low and verv-low income households i
defined in Sections 50079.5. 50093 and 50105 of the Health a
SaLetv Ccdei in the crevious Dlannina Deriod. The_council aovernments, if it amroves a resolution aareeina to Darticipate the self-certificationmrocess, in consultation with the cities a countv within its jurisdiction. its housina element adviso committee and the department, shall perform a resource assessme for the reuion to determine a standard for existina and futu needs for low and verv-low income households for each loc jurisdiction. The standard shall include a recoanition reaulatorv measures that local iurisdictions can use to Drovi lower income housina. This process acknowledaes that the need produce housina for low and verv-low income households may exce available resources. This standard should be aareed' won by I
department and the council of aovernments at least one Year befc the due date for each housina element.
(31 That the city or county provide a statement reuardina 1 dispersion of lower income housins in their iurisdict: documentina that such housina is not beinq concentrated in ar. where hiah concentrations already exist.
IC) For a city or countv that does not self-certifv comDlia at least 90 days prior to adoption of its housing element, or least' 45 days prior to the adoption of an amendment to t' element, the planning agency shall submit a draft element or dr amendment to the department. The department shall review the dr and report its written findings to the planning agency within days of its receipt of the draft in the case of an adoption within 45 days of its receipt in the case of a draft amendment
The rest of this section remains unchanged.
SEC 2. Section 65585.1 is added to the Government Code,
65585.1 (a\ -11 2-c t-
read: - When a. city or county adopts a self-certifica
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of compliance with its adopted or amended housinq element Dursuan to subdivision (b) of Section 65585, the followins shall ~PP~Y.
(b) ~t l.zcrz=t 3f)c -;czr -re th:: *dz Zatz 5s.r za&-hew&
*tu % the zr~tcr:;. (1) With the exceDtic
of subdivision tb\, Section 65585 shall have no a?mliCatiOn to tl city or county.
(2) In any action filed on or after the effective date of th! statute to challenqe the validitv of a housina element, there sha be a rebuttable mesumotion of the validity of the element I amendment if, pursuant to subdivision (b) of section 65585, t: iurisdiction has self-certified.
(3) The council of sovernments within six months after t: completion of the revision of all housin9 elements in the reail should report to the leaislature on the use of the sel certification process bv localqovernments within its iurisdiction
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