HomeMy WebLinkAboutStaff Report 3.C 07/18/2016Agenda Item #3.0
DATE: July 18, 2016
TO: Honorable Mayor and Members of the City Council through City Manage
FROM: Scott Duiven, Senior Planner
SUBJECT: Resolution Approving a Letter Opposing the Governor's By Right Housing
Proposal
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Approving a Letter
Opposing the Governor's By Right Housing Proposal.
BACKGROUND
The Governor of California's May 2016 Budget Revise included a trailer bill proposing changes
to state law aimed at streamlining certain local housing proposals. The administration proposes
that cities and counties require only by -right approval for housing projects that meet certain
conditions. Cities and counties would not be allowed to require any type of discretionary
approval process for qualifying housing projects. To be eligible for by -right approval, a housing
development would need to:
• Conform to existing general plan and zoning rules.
• Be multifamily housing.
• Be infill housing.
• Meet affordability requirements
o Provide 20% of housing units at prices affordable to low- income households for
at least 30 years.
o If located within one -half mile of an existing or planned transit stop: either (1) 10
percent of the housing for low- income households or (2) 5 percent for very -low-
income households.
• Not be on sites designated as prime farm land, wetlands, or a hazardous waste site nor
within a very high fire hazard area, an earthquake fault zone, or a flood plain.
If the above conditions can be met then the trailer bill provides the following additional
provisions:
• Sets Timeline for Cities and Counties to Object to Streamlined Approval. Under the
Governor's proposal, a developer of a project that meets the above conditions must notify
the city of its intent to seek by -right approval. After receiving this notification, the city
would have 30 days to review the project and inform the developer in writing if it
believes the project is not consistent with general plan and zoning standards. If the city
does not provide a written determination within 30 days, the project is automatically
deemed to meet general plan and zoning standards.
Expedited Design Review. The Governor's proposal does not preclude cities from
conducting design review of housing projects. The proposal, however, likely would
reduce the scope of some communities' design review processes. Specifically, design
review could not take longer than 90 days nor could it interfere with the by -right approval
of an eligible project.
Eligible Projects Would Not Require CEQA Review. Under the Governor's proposal, the
by -right approval of eligible projects generally would not be an action subject to CEQA
review. As a result, eligible housing projects would not need to undergo a CEQA
analysis.
• Requires Relocation Assistance for Displaced Households. The Governor's proposal
would require a developer to provide relocation assistance to households if they are
displaced by a housing project that takes advantage of by -right approval.
DISCUSSION
The recently released proposal by the Governor pre -empts local discretionary land use approvals
of specified housing developments by having all such approvals be considered "ministerial"
actions, meaning eliminating opportunities for public review, project -level environmental review
and restricting design review.
Petaluma has implemented its inclusionary housing program through flexibility and developing
partnerships with developers and nonprofits to leverage opportunities for affordable housing.
This collaborative approach has resulted in 34 affordable housing developments totaling 1,526
units (18.5% of all units built since 1985). In all instances, project review by staff, design review
and environmental review by appointed bodies, and active community engagement have resulted
in successful projects. Petaluma is currently working with three separate development proposals
which are incorporating affordable housing on site which will result in 70 additional affordable
units.
Petaluma's General Plan was adopted in 2008 and more recently the Housing Element was
updated and certified by the Department of Housing and Community Development in 2015. As
is the case with most General Plans /Housing Elements, they are policy documents designed to
guide the future development of the community. They are not, however, detailed documents that
ensure projects proposed in a by right format will meet community standards and expectations.
A draft letter of opposition is attached for the City Council's approval. The letter has been
prepared with seven signature blocks, to emphasize the importance of preserving local autonomy
in the entitlement review process. Councilmember Barrett has already signed the proposed
letter, wishing to add her voice to the Council's on this matter, but scheduled to be absent at the
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July 18, 2016 meeting. The City Attorney's office has reviewed this action, and advises that it
raises no Brown Act open meeting concerns.
FINANCIAL IMPACTS
There are no financial impacts beyond the staff time associated with preparing this report.
ATTACHMENTS
1. Resolution
2. Draft Letter
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ATTACHMENT 1
RESOLUTION APPROVING A LETTER OPPOSING THE GOVERNOR'S
BY RIGHT HOUSING PROPOSAL
WHEREAS, the Governor of California's May 2016 Budget Revise includes a trailer bill
to change state law to streamline certain local housing proposals; and
WHEREAS, the proposal requires only by -right approval for housing projects that meet
certain conditions; and
WHEREAS, cities and counties would not be allowed to require any type of
discretionary approval process for qualifying housing projects; and
WHEREAS, the proposal by the Governor pre -empts local discretionary land use
approvals of specified housing developments by having all such approvals be considered
"ministerial" actions, meaning eliminating opportunities for public review, project -level
environmental review (CEQA) and restricting design review; and
WHEREAS, Petaluma has implemented its inclusionary housing program through
flexibility and developing partnerships with developers and nonprofits to leverage opportunities
for affordable housing; and
WHEREAS, this collaborative approach has resulted in 34 affordable housing
developments totaling 1,526 units (18.5% of all units built since 1985); and
WHEREAS, in all instances, project review by staff, design review and environmental
review by appointed bodies, and active community engagement have resulted in successful
projects; and
WHEREAS, Petaluma's General Plan was adopted in 2008 and more recently the
Housing Element was updated and certified by the Department of Housing and Community
Development in 2015;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma does hereby approve the letter of opposition to the Governor's By Right Housing
Proposal.
E
� E
July 18, 2016
Honorable Assembly Member Adrin Nazarian
Chair, Assembly Budget Subcommittee #4
State Capitol, Room 6026
Sacramento, CA 95814
Fax: 916- 319 -2199
Honorable Senator Richard Roth
Chair, Senate Budget Subcommittee #4
State Capitol, Room 5019
Sacramento, CA 95814
Fax: 916- 323 -8386
RE: Governor's By Right Housing Proposal
Notice of Opposition
Dear Honorable Chairs Nazarian and Roth:
The City of Petaluma opposes the recently released proposal by the Governor to pre -empt local
discretionary land use approvals of specified housing developments by having all such approvals be
considered "ministerial" actions, meaning eliminating opportunities for public review, project -level
environmental review and restricting design review.
We believe that such fundamental policy changes should not be rushed through as a budget proposal, but
merit extensive review by the appropriate policy committees in a deliberative fashion.
Eliminating opportunities for public review of these major development projects goes against the
principles of local democracy and public engagement. While it may be frustrating for some developers to
hear concerns about traffic, parking and other development impacts, those affected by such projects have
a right to be heard. Not having such outlets will increase public distrust in government.
Avoiding or restricting design review is also short- sighted. Community acceptance can be improved
through good design that enables a new structure to match a community character.
Petaluma has implemented its inclusionary housing program through flexibility and developing
partnerships with developers and nonprofits to leverage opportunities for affordable housing. This
collaborative approach has resulted in 34 affordable housing developments totaling 1,526 units (18.5% of
all units built since 1985). In all instances, project review by staff, design review and environmental
review by appointed bodies, and active community engagement have resulted in successful projects.
Petaluma is currently working with three separate development proposals which are incorporating
affordable housing on site which will result in 70 additional units.
Petaluma's General Plan was adopted in 2008 and more recently the Housing Element was updated and
certified by the Department of Housing and Community Development in 2015. As is the case with most
General Plans/Housing Elements, they are policy documents designed to guide the future development of
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the-community. They are not, however, detailed documents that ensure projects proposed in a by right
format will meet community standards and expectations.
This proposal is disappointing from our Governor. He has taken our state backwards on affordable
housing by stripping local governments and the state of the few resources available to build these units,
and is now seeking to avoid a discussion of how to replace these lost funds by undermining public input,
environmental and design review.
On behalf of the residents we represent who deserve a voice in the future shape of their communities; the
City of Petaluma respectfully states our opposition to this measure.
Sincerely,
David Glass
Mayor
Dave King
Vice Mayor
Mike Healy
Councilmember
Chris Albertson
Councilmember
Gabe Kearney
Councilmember
Teresa Barrett
Councilmember
Kathy Miller
Councilmember
cc: The Honorable Lois Wolk, 3rd District, State Senate (senator.wotk@senate.ca.gov)
The Honorable Mike McGuire, 2nd District, State Senate (senator.mc ug ire@senate.ca.gov)
The Honorable James Wood, 2nd District, State Assemblymember ( assemblymember .woodgassembly.ca.aov)
The Honorable Bill Dodd, 4`h District, State Assemblymember ( assemblymember .dodd @assembly.ca.gov)
The Honorable Marc Levine, 10d' District, State Assemblymember,
(assemblymember.levine @ass embly. ca. gov)
Nancy Bennett, Regional Public Affairs Manager, League of California Cities (nbennett@cacities.org)
Dan Carrigg, League of California Cities (carriggD @cacities.org)
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