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HomeMy WebLinkAbout082520-3.1 LEGISLATIVE COMMITTEE MEMORANDUM 3.1 TO: Mayor and Town Council August 25, 2020 SUBJECT: August Legislative Report BACKGROUND Both individually and as part of the Tri-Valley Cities coalition, Danville officials are continuing to adapt to the social and economic changes and 2020 state legislative priorities. The immediate focus on our advocacy work has been to support legislative efforts that help the Town recover from the COVID-19 pandemic, and limit new legislation that impacts local control and adds stress to the Town’s already depleted resources. The Legislature will participate in floor sessions from Monday, August 24 to August 31. This is the last week for each house to pass bills. The 2019/20 Legislative session will end on August 31. Governor Newsom will have until September 30 to sign or veto bills that pass through the Legislature. Each bill signed by the Governor will be Chaptered into law by the Secretary of State and will take effect on January 1, 2021. DISCUSSION Senate Housing Production Package SB 1385 - Caballero: Neighborhood Homes Act (Oppose) This bill would unlock existing land zoned for commercial office and retail for potential residential development by making housing an eligible use on those sites. The bill would also allow for streamlined ministerial approval of housing projects on land zoned for office or retail commercial use when the site has been vacant or severely underutilized for at least three (3) years and the project meets the existing requirements for by-right housing. League Position: Watch/Seeking amendments Current Status: Held in Assembly Local Government Committee. SB 1120 - Atkins: Subdivisions: Tentative Maps (Oppose) Builds off state Accessory Dwelling Unit (ADU) law that allows for at least three units/parcel; further encourages small-scale neighborhood development spearheaded by homeowners by creating a ministerial approval process for duplexes and lot splits that meet local zoning, environmental and tenant displacement standards. Local governments are not required to permit ADU’s on sites that exercise this option. The August Legislative Update 2 August 25, 2020 creation of local ordinances to implement these sections are not subject to CEQA. League Position: Support if Amended Current Status: This bill continues to move forwarded in the Assembly. SB 995 - Atkins: Environmental Quality: Jobs and Economic Improvement Through Environmental Leadership Act (Support) Provides California Environmental Quality Act (CEQA) relief by expanding the existing AB-900 process for Environmental Leadership Development Projects for housing projects, particularly affordable housing. This creates a new tool for housing developers who may have been interested in utilizing the AB 900 process, but did not meet the existing dollar threshold. In addition to creating housing units, it also could carry the benefit of creating numerous construction jobs. League Position: Watch Current Status: This bill continues to move forward in the Assembly. SB 902 - Wiener: Planning and Zoning: Housing Development: Density (Oppose) Allows local governments to pass a zoning ordinance that is not subject to CEQA for projects that allow up to 10 units, if they are located in priority areas including a transit rich zone, jobs rich area or urban infill site. This bill further allows for additional small- scale infill development for local governments who want to spur more housing production. It provides cities with a new tool to rezone for density in a streamlined, expedited way. Currently, cities that want to rezone for more housing - or are required to rezone due to state mandates - face years of process and lawsuits, costing significant taxpayer funds. It is important to note this measure does not waive any of existing or proposed new standards that a local government applies to new housing in their jurisdiction. League: Pending Current Status: Held in Assembly Local Government Committee. SB 1085 - Skinner: Density Bonus Law: Qualifications for Incentives or Concessions (Oppose) SB 1085 would make changes to the Density Bonus Law and incentivize the construction of housing developments that will contain a specified percentage of units for low and moderate-income households and for which the rent is 30% below market rate. The bill’s mandated local costs would not be subject to state reimbursement because local agencies have the authority to charge and adjust planning and permitting fees as necessary to cover administrative costs. Increasing the amount of affordable housing for low- income families remains a top priority for the Senate. Enhancing the Density Bonus Law would allow developers to expand projects, thereby enhancing their profitability, and adding more affordable housing units at no cost to taxpayers. League: Oppose Unless Amended Current Status: This bill continues to move forward in the Assembly. August Legislative Update 3 August 25, 2020 Housing Bills AB 725 - Wicks: Housing Element. Moderate-income and Above Moderate - income Housing. This measure would require incorporated areas within a metropolitan jurisdiction, at least 25% of the jurisdiction's share of the regional housing need for both the moderate- income and above moderate-income housing categories must be allocated to sites with zoning that allows at least two units of housing, but no more than 35 units of housing per acre. League: Pending Current Status: This bill continues to move forward in the Assembly. AB 1436 – Chiu: Tenancy: rental payment default: mortgage forbearance: state of emergency: COVID-19 This bill would provide temporary eviction relief to residential tenants who are experiencing COVID-19-related financial distress, as specified, and would allow certain mortgage borrowers who are experiencing financial hardship due to the COVID19 emergency to request forbearance, as specified. League Position: Watch Current Status: Passed in Senate Appropriations, re-referred to the Committee on Rules. AB 1851 - Wicks: Religious Institution Affiliated Housing Development Projects: Parking Requirements. Would prohibit a local agency from requiring the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate as part of that housing development project. The bill would prohibit the number of religious-use parking spaces requested to be eliminated from exceeding 50% of the number that are available at the time the request is made. The bill would prohibit a local agency from requiring the curing of any preexisting deficit of the number of religious-use parking spaces as a condition of approval of a religious institution affiliated housing development project. League Position: Watch Current Status: 3rd reading Appropriations. AB 3040 – Chiu: Local Planning: Regional Housing Needs Assessment This bill would authorize a city or county to include in its inventory of land suitable for residential development specified sites that contain an existing single-family dwelling unit, but that the city or county has permitted, or is proposing to permit, to contain 4 dwelling units as a use by right. The bill would require these sites to be identified to satisfy either the moderate or the above-moderate income regional housing need income level. The bill would require a city or county identifying a site pursuant to these provisions to include in its housing element a description of the development standards that enable the identified sites to be redeveloped at a higher density, as specified. August Legislative Update 4 August 25, 2020 League Position: Support in Concept. Current Status: Placed in Suspense file in Senate Appropriations Committee. AB 3107 – Bloom: Planning and Zoning: General Plan: Housing Development The Planning and Zoning Law authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. This bill, notwithstanding any inconsistent provision of a city’s or county’s general plan, specific plan, zoning ordinance, or regulation, would require that a housing development be an authorized use on a site designated in any local agency’s zoning code for commercial uses if certain conditions apply. League Position: Watch/Seeking Amendments Current Status: Held in Senate Policy Committee. SB 899 – Weiner: Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. This law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit if the development satisfies certain objective planning standards. This bill would require that a housing development project be a use by right upon the request of an independent institution of higher education or religious institution that partners with a qualified developer on any land owned in fee simple by the applicant on or before January 1, 2020, if the development satisfies specified criteria. League Position: Oppose Current Status: Senator Wiener requested first appropriations hearing be cancelled. Transportation SB 278 - Beall: Metropolitan Transportation Commission The Metropolitan Transportation Commission Act creates the Metropolitan Transportation Commission as a local area planning agency to provide comprehensive regional transportation planning for the region comprised of the nine San Francisco Bay area counties. The act requires the commission to continue to actively, on behalf of the entire region, seek to assist in the development of adequate funding sources to develop, construct, and support transportation projects that it determines are essential. This bill would also require the commission to determine that those transportation projects are a priority for the region. This is a 2-year bill that started in the Assembly and was held at the desk since January. On June 18, the bill was referred to the Committee on Transportation. League Position: Watch Bill failed deadline pursuant to Rule 61(b)(13) August Legislative Update 5 August 25, 2020 Homelessness AB 3269 – Chiu: State and Local Homelessness Plans This measure, upon appropriation by the Legislature, would require the Homeless Coordinating and Financing Council to conduct, or contract with an entity to conduct, a statewide needs and gaps analysis to identify, among other things, state programs that provide housing or services to persons experiencing homelessness and funding required to move persons experiencing homelessness and funding required to move persons experiencing homelessness into permanent housing. This measure would also state the intent of the Legislature that each state and local agency aim to reduce homelessness by within its jurisdiction by 90 percent by December 31, 2028. League Position: Oppose unless amended Current Position: Placed in suspense file in Senate Appropriations Committee. Grant Applications Staff is in the process of finalizing applications for the Active Transportation Program (ATP) Grant Program. The deadline for submission is September 14. Prepared by: Diane Friedmann Assistant to the Town Manager