HomeMy WebLinkAboutMP 139A; Rancho Carrillo Master Plan; Master Plan (MP) (3)RICK ENG.
ReceivedTHEPLANNING -WN171980
CENTER
MEMORANDUM Dote,
To, Bob Ladwig, Rick Engineering
From, Kelly McDermott
Subject, AB 1151 and SB 606
Developers and others involved in the housing industry
will be interested to know that Governor Brown recently
signed into law two bills, AB1151 and SB606, the effect
of which will be to increase housing production, simplify
the approval process, and place restrictions on anti-
growth factions.
AB1151, based upon legislative cognizance of California's
critical housing supply and af f ordabi 1 i ty crisis, contains
four key provisions:
1 . Cities and counties m u s t grant to a developer either
a density bonus or a minimum of two other bonus incen-
tives, if the developer agrees to construct at least 25%
of the total units of a housing development for persons
and families of low or moderate income. The term
"density bonus" is defined in the bill as "a density
increase of at least (emphasis added) 25 percent over
the otherwise allowable residential density under the
applicability zoning ordinance." The measure further
states that the density bonus shall not be included when
determining the otherwise allowable density, that it shall
apply to housing developments consisting of five or more
units, and that no developer shall be required to enter
into an unacceptable agreement as a condition for project
approval .
2. The State Office of Planning and Research is directed
to develop guidelines to assist local governments in
establishing and operating an expedited development permit
process. These guidelines are to include a streamlined
referral process, standards for completion of applications
and timetables, and an expedited appeals process. These
guidelines will not be mandatory, but further legislation
will be forthcoming if streamlined processing procedures
are not.
. PLANNING ft RESEARCH • ENVIRONMENTAL STUDIES • URBAN DESIGN • LANDSCAPE ARCHITECTURE • 24O NEWPORT CENTER DR SI.HTF 215 NEWPORT RPA^H CA 9JA6O MO 491.
Memo
Bob Ladwig
January 15, 1980
Page 2
3. Provision will be made to increase the availability of
surplus public lands for the private development of low and
moderate income housing.
4. Local governments will be encouraged to prepare specific
plans by means of permitting them to recover the costs for
these plans. Further, the EIR for any plan which is certified
after January 1, 1980, will serve as the sole and only required
EIR for any housing developments consistent with the specific
plan.
SB606 amends existing laws which provide for the adoption of
zoning laws and ordinances and for subdivising approvals. It
requires cities and counties to "consider" the effects of
anti-growth actions on local and regional housing needs. More
specifically, it requires any adopted growth-restricting
ordinance to contain "findings" as to the public health,
safety and welfare concerns to be promoted by the offending
legislation which would justify reducing the housing oppor-
tunities of the region.
While AB1151 is fairly specific and therefore provides devel-
opers with a real "handle" for use in planning process nego-
tiations, SB606 should be more properly viewed as "stage-
setting" legislation which will require further definition.
It is notably vague, containing no operational definition
whatever of the twokey words "consider" and "findings." Until
or unless local jurisdictions are informed as to exactly what
will constitute legally binding "consideration" of the effects
of anti-growth actions, and until or unless specific criteria
against which to measure the adequacy of "findings" are adopted,
the law will have little in the way of "teeth." It does, however,
provide a starting point, and developers would do well to en-
courage their representative associations to lobby with origin-
ating Senator Foran and principal co-author Assemblyman Roos
for greater definition of the provisions contained in SB606.