Report to Mayor and City Council
Tuesday, July 05, 2022
Consent
SUBJECT:
Title
CONSIDER TAKING POSITIONS OF OPPOSITION AND SENDING CORRESPONDING LETTERS REGARDING SENATE BILL 897; ASSEMBLY BILL 2097; AND ASSEMBLY BILL 2234 (CITY COUNCIL)
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I. SUMMARY
This item transmits a request for City Council to consider taking positions of opposition and directing staff to send corresponding letters regarding Senate Bill 897, Assembly Bill 2097, and Assembly Bill 2234.
All three bills would effectively reduce specific aspects of local control related to residential and commercial development. Senate Bill 897 would impose objective standards on accessory dwelling units. Assembly Bill 2097 would prohibit minimum automobile parking requirements within a certain distance of public transit. Assembly Bill 2234 would impose a shot-clock related to post-entitlement permits and impose an unfunded technological mandate for how cities approve such permits.
II. RECOMMENDATION
Recommendation
1. OPPOSE Senate Bill 897 and DIRECT staff to transmit a corresponding letter.
2. OPPOSE Assembly Bill 2097 and DIRECT staff to transmit a corresponding letter.
3. OPPOSE Assembly Bill 2234 and DIRECT staff to transmit a corresponding letter.
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III. ALTERNATIVES
TAKE another action the City Council deems appropriate and that is consistent with applicable laws.
IV. BACKGROUND
The League of California Cities (the “League”) has actively opposed SB 897, AB 2097, and AB 2234. Additional details provided by the League are included below.
SB 897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units
The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified.
AB 2097 (Friedman) Residential, commercial, or other development types: parking requirements
This bill would prohibit a public agency from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on any of specified residential, commercial, or other development types if the project is located within 1/2 mile of public transit, as defined. When a project provides parking voluntarily, the bill would authorize a public agency to impose specified requirements on the voluntary parking. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a new multifamily or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. The bill, notwithstanding the above provisions, would also require the development project to provide parking, as required by local ordinance, for employees and other workers of hotels, motels, bed and breakfast inns, transient lodgings, and event centers. The bill would exempt certain commercial parking requirements from these provisions if the requirements of the bill conflict with an existing contractual agreement of the public agency that was executed before January 1, 2023.
AB 2234 (Rivas, Robert) Planning and zoning: housing: post-entitlement phase permits.
The Permit Streamlining Act requires public agencies to approve or disapprove of a development project within certain specified timeframes. Current law requires a city, county, or special district to provide specified information, including a current schedule of fees, exactions, and affordability requirements applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent studies, conducted by the city, county, or special district, on its internet website. This bill would require a local agency to compile a list of information needed to approve or deny a post-entitlement phase permit, as defined, to post an example of a complete, approved application and an example of a complete set of post-entitlement phase permits for at least 5 types of housing development projects in the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define “local agency” for these purposes to mean a city, county, or city and county. No later than January 1, 2024, except as specified, the bill would require a local agency to require permits to be applied for, completed, and retrieved by the applicant on its internet website, and to accept applications and related documentation by electronic mail until that internet website is established. The bill would require the internet website to list the current processing status of the applicant’s permit by the local agency and would require that status to note whether it is being reviewed by the agency or action is required from the applicant.
V. FISCAL IMPACT
There is no fiscal impact related to this item. Should some or all of these bills become law, the City of Carson may face additional unforeseen costs related to development in the City.
VI. EXHIBITS
1. Letter of Opposition to Senate Bill 897 (pgs. 4 - 5)
2. Letter of Opposition to Assembly Bill 2097 (pg. 6)
3. Letter of Opposition to Assembly Bill 2234 (pgs. 7 - 8)
Prepared by: Michael George, Assistant to the City Manager; Community Development Department