REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Travis K. Hopkins, Assistant City Manager
PREPARED BY: Shannon Levin, Council Policy Analyst
Subject:
title
Consider positions on legislation pending before the State Legislature, as recommended by the Intergovernmental Relations Committee (IRC)
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Statement of Issue:
On April 17, 2024, the Intergovernmental Relations Committee (IRC), comprised of Mayor Gracey Van Der Mark and Mayor Pro Tem Burns (with Council Member Tony Strickland absent), discussed legislative items with relevance to Huntington Beach. Following discussion, the IRC chose to take positions on various State bills, which are presented to the City Council for consideration.
Financial Impact:
Not applicable.
Recommended Action:
recommendation
Approve the legislative positions taken by IRC on April 17, 2024:
A) OPPOSE AB 1886 (Alvarez). Housing Element law: substantial compliance: Housing Accountability Act.
B) OPPOSE SB 450 (Atkins) Housing development: approvals
C) OPPOSE SB 1037 (Wiener) Planning and zoning: housing element: enforcement
D) OPPOSE SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval
E) SUPPORT AB 2081 (Davies) Substance abuse: recovery and treatment programs.
F) SUPPORT SB 1102 (Nguyen) Personal income tax law: corporation tax law: oil spill: exclusion
G) SUPPORT SB 1214 California Commission on the Unites States Semiquincentennial
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Alternative Action(s):
Do not approve the recommended action(s), and direct staff accordingly.
Analysis:
1. AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act.
Summary
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Current law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, current law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. Current law requires a planning agency to promptly submit an adopted housing element or amendment to the department and requires the department to review the adopted housing element or amendment and report its findings to the planning agency within 60 days.
This bill would require a planning agency, which makes the above-described findings as to why a draft housing element or amendment substantially complies with the Housing Element Law despite the findings of the department, to submit those findings to the department. The bill would require the department to review those finding in its review of an adopted housing element or amendment.
Recommended legislative position: OPPOSE
Cities go to great lengths to ensure that their housing element substantially complies with the law, even if HCD disagrees. Current law acknowledges this fact by allowing cities to “self-certify” their housing element or take the issue to court and have a judge make the final determination of substantial compliance.
AB 1886 encourages “builder’s remedy” projects by eliminating self-certification for the purpose of what it means to have a housing element “in substantial compliance with the law.” The “builder’s remedy” allows a developer to choose any site other than a site that is identified for very low-, low-, or moderate-income housing, and construct a project that is inconsistent with both the city’s general plan and zoning. AB 1886 facilitates such projects for those cities that have a good faith disagreement based in substantial evidence.
2. SB 450 (Atkins) Housing development: approvals
Summary
Current law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided. Current law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards on the proposed housing development.
Current law authorizes a local agency to deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided. This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially.
Recommended legislative position: OPPOSE
The bill would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone, but would specify that these provisions do not prohibit a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone.
SB 450 bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The measure would require the City to consider and approve or deny the proposed housing development application within 60 days from the date the agency receives the completed application and would deem the application approved after that time.
3. SB 1037 (Wiener) Planning and zoning: housing element: enforcement
Summary
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has acted in violation of specified provisions of law.
The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. This bill, in any action brought by the Attorney General, on behalf of HCD or in an independent capacity, to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city, county, or local agency to ministerially approve any land use decision or permitting application for a housing development project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation, as specified.
Recommended legislative position: OPPOSE
Measure SB 1037 would allow the Attorney General to take legal action against a city and seek fines up to $50K a month for failure to adopt a compliant housing element or if the city does not follow state laws that require ministerial approval of certain housing projects. Under existing law cities can be subject to significant fines and penalties for violating certain housing laws. However, before fines are imposed, a city has the ability to correct the action. Additionally, enhanced fines are not imposed unless the city fails to follow a court’s order or acts in bad faith. Unfortunately, as currently drafted, SB 1037 does not provide an opportunity for cities to correct an honest mistake or address a genuine difference in interpreting the law. Even those jurisdictions acting in good faith could be subject to significant fines and be required to pay the Attorney General for all costs investigating and prosecuting the action, including expert witness fees and attorney’s fees. Instead of creating new fines and penalties, lawmakers and the Department of Housing and Community Development should provide cities with clear guidance and technical assistance to help them finalize their housing elements and put those plans to work so much-needed housing construction can occur.
4. SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval
Summary
This bill, in connection with the ministerial approval of a building permit for an accessory dwelling unit, would additionally prohibit a local agency from requiring the replacement of parking spaces when a carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of or conversion to an accessory dwelling unit.
Recommended legislative position: OPPOSE
Senate Bill 1211 requires the ministerial approval of additional accessory dwelling units (ADU’s) on the lot of an existing multifamily dwelling. Specifically, a city or county must approve at least one ADU, and up to 25 percent of the total number of units contained in the existing multifamily dwelling, in any configuration of detached or converted unused space. The bill provides these units are in addition to the two detached ADU’s that are authorized under existing law to be constructed on a lot with a proposed or existing multifamily dwelling. SB 1211 also prohibits local governments from requiring replacement of uncovered parking spaces that are demolished to allow for the construction of an ADU, in addition to the prohibitions on requiring replacement of carports, garages, and covered parking spaces in existing law.
5. AB 2081 (Davies) Substance abuse: recovery and treatment programs.
Summary
Current law grants the State Department of Health Care Services the sole authority in state government to license adult alcoholism or drug abuse recovery or treatment facilities. The department is authorized to issue a license to specified types of facilities if certain criteria are met. The law requires licensees to report specified events and incidents to the department, including, among others, the death of a resident at a licensed facility; authorizes the department to investigate allegations of violations of governing law and act upon a finding of a violation.
This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment facility or certified alcohol or other drug program to include on its internet website and intake form paperwork a disclosure that an individual may check the internet website of the State Department of Health Care Services to confirm whether the facility’s license or program’s certification has been placed in probationary status, been subject to a temporary suspension order, been revoked, or the operator has been given a notice of operation in violation of law.
Recommended legislative position: SUPPORT
AB 2081 would require a higher standard of transparency and greater protections for individuals seeking alcoholism or substance use treatment. Specifically, AB 2081 would require the operator of a licensed recovery home to disclose to those seeking care that they can check the Department of Health Care Services website to confirm a facility’s compliance with state licensing laws.
Residential recovery housing provides a wide range of benefits to some of California’s most vulnerable residents, and it is critical that their needs are prioritized over profits. Compliance with state licensing laws administered through the Department of Health Care Services is essential to safeguarding residents’ well-being and maintaining quality care. AB 2081 would ensure that those seeking treatment easily know what violations, if any, have occurred within a treatment facility and would hold providers accountable by making these violations easily accessible to the public.
6. SB 1102 (Nguyen) Personal Income Tax Law: Corporation Tax Law: oil spill: exclusion
Summary
This bill would provide an exclusion from gross income for any qualified amounts received in settlements associated with the October 2, 2021, oil spill that occurred off the coast of the County of Orange near the City of Huntington Beach. The bill would repeal these provisions on January 1, 2029.
This bill would declare that it is to take effect immediately as an urgency statute.
Recommended legislative position: SUPPORT
Enacts Personal Income and Corporation Tax exclusions for any amount received by a qualified taxpayer in settlement for claims relating to the October 2, 2021, oil spill off the coast of the County of Orange near the City of Huntington Beach.
7. SB 1214 (Nguyen) California Commission on the United States Semiquincentennial
Summary
This bill would, until January 1, 2029, establish the California Commission on the United States Semiquincentennial in state government to celebrate the 250th anniversary of the signing of the Declaration of Independence and the founding of the United States of America. SB 1214 would require the commission to plan and coordinate commemorations and observances of the 250th anniversary of the Declaration of Independence and the American Revolution and be solely supported by private or federal funds made available for the purpose of supporting the commission.
Recommended legislative position: SUPPORT
Author statement: According to the author’s office, “establishing an organization in California will allow communities and organizations across our state to play a leading role in this historic initiative, showcasing the unique contributions that California and its citizens have made to our nation's history and culture. The potential for increased tourism and revenue for local communities is high. In order for California to participate in the festivities, the first step is to establish California’s Commission on the United States Semiquincentennial. Once formed, the Commission can begin receiving or raising funds that will go towards programs and events. In addition to statewide observances, the Commission will be responsible for assisting local governments and civic organizations create and promote patriotic celebrations for the occasion.”
As of April 19, 2024, 43 states and territories have announced Semiquincentennial entities.
Watch List
Additional legislative items were discussed and will be monitored as they are under significant review and/or amendments.
• AB 2560 (Alvarez/Wiener) Density Bonus Law: California Coastal Act of 1976
• AB 2574 (Valencia) Alcoholism or drug abuse recovery or treatment facilities
• AB 1825 (Muratsuchi) California Freedom to Read Act
• AB 3024 (Ward) Civil Rights
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>.
Attachment(s):
1. AB 1886 Draft Position Letter and Legislative Text
2. SB 450 Draft Position Letter and Legislative Text
3. SB 1037 Draft Position Letter and Legislative Text
4. SB 1211 Draft Position Letter and Legislative Text
5. AB 2081 Draft Position Letter and Legislative Text
6. SB 1102 Draft Position Letter and Legislative Text
7. SB 1214 Draft Position Letter and Legislative Text