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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.