2018 Position Letters


Assembly

AB 686 (Support if Amended) INCORPORATE THE FEDERAL AFFH REGULATIONS INTO STATE LAW – in Senate Transportation & Housing Committee – Tuesday, June 27

APA California supports AB 686 if the bill is narrowed to mirror the existing federal “affirmatively further fair housing” (AFFH) requirements. APA agrees that the state should incorporate the federal AFFH regulations into state law in anticipation that the federal regulations may be eliminated.

AB 1771 (Support if Amended) CHANGES TO THE REGIONAL HOUSING NEED ALLOCATION PROCESS – in Senate Transportation & Housing Committee, Tuesday, June 26th

The American Planning Association, California Chapter (APA California) has taken a support if amended position on AB 1771. AB 1771 would make a number of changes to how the Regional Housing Need Allocation process (RHNA) is determined in housing element law.

AB 1804 (Support) CEQA INFILL EXEMPTION FOR COUNTIES – in Assembly Natural Resources Committee – April 9th – This bill would allow urbanized counties to use the existing categorical infill exemption for projects that meet the existing conditions that qualify for the exemption.

AB 1905 (Oppose) CONSTRUCTION DURING CEQA JUDICIAL REVIEW ON TRANSPORTATION-RELATED PROJECTS INCLUDED IN SUSTAINABLE COMMUNITIES STRATEGY – in Assembly Natural Resources Committee – April 9th

The bill, in an action or proceeding seeking judicial review under the California Environmental Quality Act (CEQA), would prohibit a court from staying or enjoining a transportation project that would reduce total vehicle miles traveled and is included in a Sustainable Communities Strategy (SCS) for which an environmental impact report(EIR) has been certified, unless the project presents an imminent threat to public health and safety.

AB 2161 (Support) HOMELESS INTEGRATED DATA WAREHOUSE – in Assembly Appropriations Committee – April 4th

AB 2161 would require the Department of Housing and Community Development to create a statewide homeless integrated data warehouse in coordination with the Homeless Coordinating and Financing Council.  The data would be used to develop a composite portrayal of the homeless population in the state, as well as services currently provided to people who are homeless.

AB 2162 (Support if Amended) STREAMLINING AFFORDABLE SUPPORTIVE HOUSING DEVELOPMENTS – in Assembly Local Government Committee

AB 2162 would streamline affordable supportive housing developments by approving projects with supportive housing as a use by right. AB 2162 would encourage more supportive housing to be well integrated into communities and provide needed housing for people looking to improve their life situation.

AB 2341 (Support if Amended) EXEMPTION FOR CONSIDERATION OF AESTHETICS UNDER CEQA – in Assembly Natural Resources Committee – April 9th

This bill would specify that the aesthetic effects of projects meeting certain requirements are not significant effects on the environment for purposes of CEQA.

AB 2434 (Support) HEALTH IN ALL POLICIES PLANNING – in assembly Health Committee – April 3rd

The bill would permanently establish the Health in All Policies Program so that state departments can continue to integrate health and equity into programs and policies.

AB 2753 (Support as Amended) DETERMINATION OF ELIGIBILITY OF DENSITY BONUS – in Assembly Local Government Committee – Wednesday, April 25th

As amended, AB 2753 will require the city or county, when notifying the applicant for a density bonus whether the application is complete, to also notify the applicant of the amount of density bonus for which the applicant is eligible, and if requested by the applicant, the parking ratio for which the applicant is eligible. If the applicant requests incentives or concessions, or waivers or reductions of development standards, the local agency will now also be required to notify the applicant whether the applicant has provided adequate information for the local government to make a determination as to those incentives, concessions, or waivers or reductions of development standards. It also requires the local government to adjust the amount of density bonus and parking ratios awarded pursuant to this section based on any changes to the project during the course of development.

AB 2890 (Oppose Unless Amended) LAND USE: ACCESSORY DWELLING UNITS, as amended on July 3, 2018 – to be heard in Senate Appropriations Committee

The California State Association of Counties (CSAC), the Urban Counties of California (UCC), the Rural County Representatives of California (RCRC), the League of California Cities (LCC), and the American Planning Association California Chapter (APA) are opposed to your Assembly Bill 2890 in its current form. This bill would significantly amend the statewide standards that apply to locally-adopted ordinances concerning accessory dwelling units (ADUs), even though the law was thoroughly revised in the 2016 Legislative Session. These revisions made in 2016 were a product of two carefully negotiated bills that only became effective in January 2017, with further amendments during the 2017 Legislative Session. All local agencies that worked in good faith to implement those laws would have to reopen their ordinances yet again to comply with the provisions of AB 2890.

AB 2913 Removal of Opposition ONE YEAR INITIAL LIFE FOR BUILDING PERMITS – on Senate Floor

On behalf of the American Planning Association, California Chapter (APA CALIFORNIA), Rural County Representatives of California (RCRC), California Building Officials (CALBO), League of California Cities (LCC),
California State Association of Counties (CSAC), and Urban Counties of California (UCC), our organizations will be removing our opposition to AB 2913 as agreed to be amended.

AB 2923 (Oppose) OVERRIDING LOCAL ZONING ON BART PROPERTY – in Senate Governance & Finance Committee, Wednesday, June 27th

The American Planning Association, California Chapter (APA California) must respectfully continue to oppose AB 2923 as proposed to be amended. APA understands that the bill will be significantly amended soon. However, even as to be amended, this bill would take away local land use authority over BART station properties from cities and counties and hand it over to the BART Board. The bill gives every incentive for BART to maximize its land value regardless of the impacts on
surrounding properties.

AB 3147 (Oppose) FREEZING TIMING OF LOCAL FEES AND EXACTIONS – in Assembly Housing & Community Development committee 4/11 & Local Government Committee

AB 3147 would freeze all fees, exactions and other charges on the date that an application for a housing project is determined to be complete.

AB 3194 (Removal of Opposition as Proposed to be Amended June 19, 2018) – Senate Transportation & Housing Committee

On behalf of the Rural County Representatives of California (RCRC), the Urban Counties of California (UCC), the California State Association of Counties (CSAC), the League of California Cities (LCC), and the American Planning Association California Chapter (APACA), we are pleased to inform you that, based on proposed Senate Transportation and Housing Committee amendments, we are removing our opposition to your Assembly Bill 3194.

AB 3194 makes changes to the Housing Accountability Act to prohibit a local government from requiring rezoning of a housing development project site if the project is consistent with the objective general plan standards and criteria, but the zoning for the project site is inconsistent with the general plan. Under current law, General Plan land use elements are long-term documents that accommodate the needs of a jurisdiction through flexible general designations, which are made more specific through zoning as future growth occurs. Although the proposed amendments continue to require approval of certain projects that are inconsistent with a jurisdiction’s zoning code, this provision will be limited to circumstances where the jurisdiction has not brought its zoning ordinance into conformity with the general plan – which is something that is ultimately under the jurisdiction’s control. The amendments will also allow local agencies to apply objective zoning standards and criteria to such projects. Additionally, the proposed Committee amendments, along with those taken on May 29, 2018, corrected ambiguities that would have resulted in costly litigation for local governments.

SENATE

SB 765 (Oppose) SUBSTANTIAL POLICY CHANGES TO SB 35 STREAMLINING FOR HOUSING AND COMMERCIAL DEVELOPMENT – in Assembly Housing & Community Development Committee – Wednesday, June 27th

On behalf of the the American Planning Association, California Chapter (APA CALIFORNIA), Rural County Representatives of California (RCRC), the League of California Cities (LCC), the Urban Counties of California (UCC), and the California State Association of Counties (CSAC), our organizations have respectfully taken an oppose
position on SB 765. SB 765 would make a number of substantial policy changes to SB 35 signed into law last year. It was just amended on June 14th and then again on June 18th..

SB 827 (Oppose As Amended) OVERRIDING LOCAL ZONING NEAR TRANSIT – In Senate Transportation & Housing Committee – Tuesday, April 17th

SB 827 as amended would require a local government, if requested, to grant a “transit-rich” housing bonus to a development proponent of a “transit-rich” housing project located near transit by eliminating specific local land use authority.

SB 828 (Oppose Unless Amended) SIGNIFICANT CHANGES TO THE REGIONAL HOUSING NEED ALLOCATION PROCESS – in Assembly Local Government Committee – Wednesday, June 27th

The American Planning Association, California Chapter (APA California) appreciates the many amendments made to SB 828 in the Senate. Eliminating the requirement that any housing unbuilt in the previous housing element period be added to the new RHNA addressed APA’s concern that the RHNA already addresses the total need. This requirement would have double counted those cross-over sites. We remain committed to working with the author on additional changes to the RHNA allocation process as the bill moves forward. However, we must respectfully continue to oppose SB 828 unless amended.

SB 831 APA CALIFORNIA SUPPORTS STANDARDS THAT ENCOURAGE ACCESSORY DWELLING UNIT (ADU) DEVELOPMENT BUT DOESN’T SUPPORT ANNUAL CHANGES

APA California supports ADUs as an important source of housing to help combat the housing crisis our communities are facing. APA also supports standards that encourage the development of ADUs. APA’s opposition to AB 2890 and SB 831 are not to the permitting of ADUs. Instead, our concerns are that these new ADU requirements are not functional and will create unintended consequences. In addition, APA objects to another round of substantial changes proposed in two bills that, yet again, set specific standards that will not work in all jurisdictions throughout the state.

SB 918 (Support) HOMELESS YOUTH ACT OF 2018 – In Senate Human Services Committee – April 10th

SB 918 would create the Office of Homeless Youth within the Department of Housing and Community Development and would require the Office to set specific goals to prevent and end youth homelessness in California. The bill would also establish $60 million in grants from the cannabis tax and other funds to assist in the development of supportive housing and other preventative services.

SB 1015 (Support) CALIFORNIA CLIMATE RESILIENCY PLANNING – in Senate Environmental Quality Committee – April 18th

SB 1015 would establish the California Climate Resiliency Program (CCRP). The CCRP would increase resiliency to climate change impacts in urban and rural communities and fund the planning and implementation of projects that reduce emissions of greenhouse gases and improve the climate change resiliency of natural systems, natural and working lands and developed areas.

SB 1035 (Support if Amended) CLIMATE ADAPTATION AND RESILIENCY STRATEGIES WITHIN THE GENERAL PLAN – In Senate Governance and Finance Committee

This bill would require, the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element.

SB 1145 (Support) ENHANCED INFRASTRUCTURE FINANCING DISTRICT INVESTMENT PROTECTION – in Senate Governance and Finance Committee – April 11th

SB 1145 would protect local economic development investments by allowing Enhanced Infrastructure Financing Districts (EIFDs) to finance ongoing or capitalized maintenance costs for public projects financed by the EIFD.

SB 1226 (Support) PERMITTING FOR EXISTING ACCESSORY DWELLING UNITS – in Senate Transportation & Housing Committee

SB 1226 would allow local governments to apply the building standards in effect at the time of construction for the purpose of permitting existing unpermitted ADUs.

SB 1469 (Oppose) ACCESSORY DWELLING UNIT (ADU) CHANGES – in Senate Transportation and Housing Committee – April 24th and Senate Governance and Finance April 25th

SB 1469 makes a number of changes to the accessory dwelling unit (ADU) law, including significant changes to existing provisions governing fees for service. Some of the amendments proposed in this bill will change provisions that were specifically negotiated in good faith when substantial changes to ADU law passed in 2016 (AB 2299 and SB 1069).