Housing, Land Use and Transportation 03/29/2013
Housing
AB 325 (Alejo) – Oppose
As Introduced on February 13, 2013
AB 325, by Assembly Member Luis Alejo, would expand, from one to
over four years, the statute of limitations to sue a county or
city, challenging the adoption of a housing element or a number
of related local ordinances.
CSAC opposed previous efforts to expand the statute of
limitations as it leaves local agencies, business, and developers
unfairly open to uncertainty long after decisions have been made.
Working with the American Planning Association, Rural County
Representatives of California, and the League of California
Cities, we have offered amendments that would provide an
additional alternative to challenge the adequacy of a housing
element rather than open local agencies up to litigation for an
unreasonable period of time. It is unclear at this time whether
the author and sponsors will accept our suggested
compromise.
AB 325 is set for hearing before the Assembly Housing and
Community Development Committee on April 3.
Land Use
AB 116 (Bocanegra) – Support if Amended
As Amended on March 20, 2013
AB 116, by Assembly Member Raul Bocanegra, would extend, by
24-months, the expiration date of any approved tentative map or
vesting tentative map that has not expired as of the effective
date of the Subdivision Map Act and will expire prior to January
1, 2016.
CSAC does support the 24-month map extensions for more recently
approved maps. However, if AB 116 were signed into law as
currently in print, it would enact the eighth automatic map
extension since 1990. As a result, some unexpired tentative maps
may be upwards of 18 years old. Another two year extension on
such old maps could prevent local governments from meeting goals
and priorities established after original map approval, as well
as comply with many new mandates that local agencies must now
consider in approving a map. In addition to multiple housing
element updates, local governments are dealing with new
requirements as a result of the passage of AB 32 and SB 375 to
address climate change impacts and move towards the development
of more compact, sustainable communities, all of which impact
local land use decisions.
Again, CSAC supports another automatic 24-month extension for
newer maps, but respectfully requests the following amendments to
address our concerns with older maps:
- Provide an automatic extension of 24-months to maps that are 12 years or younger at the effective date of the extension; and
- Provide an extension at the discretion of the county or city for maps that are 12 years or older at the effective date of the extension, with tolling for those applications with maps that have been under litigation.
We believe these amendments strike a balance that allows
development projects to continue to move forward as the housing
market and overall economy recover yet provides for necessary
local agency review of old maps to ensure they are consistent
with current local planning documents.
AB 116 is set for hearing before the Assembly Local Government
Committee on April 3.
AB 453 (Mullin) – Request for Comment
As Introduced on February 19, 2013
AB 453, by Assembly Member Kevin Mullin, would make a local
agency formation commission eligible for the award of grants and
loans managed by the Strategic Growth Council for the purpose of
developing, adopting, and implementing a regional plan or other
planning instrument to support the planning and development of
sustainable communities. Currently, councils of governments,
metropolitan planning organizations, regional transportation
planning agencies, cities, counties, and joint powers authorities
are eligible.
AB 453 is set for hearing before the Assembly Local Government
Committee on April 3.
AB 728 (Muratsuchi) – Request for Comment
As Amended on March 19, 2013
AB 728, by Assembly Member Al Muratsuchi, would authorize the
governing board of a school district, by a 2/3 vote of its
members, to render a city or county zoning ordinance that applies
to an advertising display inapplicable to nonclassroom facilities
when specified conditions are met.
AB 728 is set for hearing before the Assembly Education Committee
on April 3.
AB 967 (Hueso) – Request for Comment
As Introduced on February 22, 2013
AB 967, by Assembly Ben Hueso, would authorize a local
enforcement agency, including an environmental agency, housing
department, or building department, to make determinations
regarding substandard housing. Specifically, local code
enforcement officers would be able to make determinations related
to pest infestations and cite for inadequate garbage storage and
removal facilities.
CSAC is requesting counties review this measure and provide
feedback as soon as is practical.
AB 1037 (Perez, Manuel V.) – Request for Comment
As Introduced on February 22, 2013
AB 1037, by Assembly Member Manuel V. Perez, would designate as
an agricultural land use any employee housing consisting of no
more than 36 beds in a group quarters, 12 units or spaces
designed for use by single families or households, or 48 units or
spaces operated by a governmental or nonprofit agency and
designed for use by single families or households. Currently, the
Employee Housing Act only designates as an agricultural land use
any employee housing consisting of no more than 36 beds in a
group quarters or 12 units or spaces designed for use by single
families or households.
CSAC is requesting counties review this measure and provide
feedback as soon as is practical.
AB 1092 (Levine) – Request for Comment
As Introduced on February 22, 2013
AB 1092, by Assembly Member Marc Levine, would require a new
construction project with 4 or more offstreet parking spaces to
include one electric vehicle charge station per every 4 offstreet
parking spaces included in the project.
CSAC is requesting counties review this measure and provide
feedback as soon as is practical.
SB 454 (Corbett) – Request for Comment
As Introduced on February 21, 2013
SB 454, by Senator Ellen Corbett, would create the Electric
Vehicle Charging Stations Open Access Act that would require,
among other things, that an electric vehicle charging station
that is installed in a public parking space be made available for
use by the general public. The bill would provide that persons
desiring to use the electric vehicle charging station shall not
be required to pay a subscription fee in order to use the
station, and shall not be required to obtain membership in any
club, association, or organization as a condition of using the
station. The bill would require an electric vehicle charging
station to provide one or more specified options of payment to
the general public and would strongly encourage owners of
electric vehicle charging stations in public parking spaces to
clearly mark their charging stations with Department of
Transportation approved signage at the station and at the
entrance to the parking area or facility where the station is
located.
CSAC is requesting counties review this measure and provide
feedback as soon as is practical.
SB 673 (DeSaulnier) – Request for Comment
As Introduced on February 22, 2013
SB 673, by Senator Mark DeSaulnier, would require counties and
cities to cause a cost benefit analysis to be prepared, to be
paid for by the applicant, prior to approving or disapproving a
proposed development project that would permit the construction
of a retail or other commercial facility project, estimated to
receive over $1 million in public subsidies.
CSAC is requesting counties review this measure and provide
feedback as soon as is practical.
SB 684 (Hill) – Support
As Introduced on February 22, 2013
SB 684, by Senator Jerry Hill, would authorize the extension,
preservation and retention of existing redevelopment signs with
approval of the county or city. The bill does not authorize new
signage nor are the existing signs under this proposal
billboards.
This measure is necessary in light of the elimination of
redevelopment agencies and the unintended consequence that
existing sign agreements cannot be extended because there is no
longer a redevelopment agency to authorize the extension. Before
the elimination of redevelopment agencies, these signs were
exempt from the Outdoor Advertising Act. Signage agreements
needed authorization from the redevelopment agency and the
California Department of Transportation (Caltrans). SB 684 simple
clarifies that existing redevelopment signs can be extended with
approval of a county or city, in place of the redevelopment
agency, and Caltrans.
SB 684 is set for hearing before the Senate Transportation and
Housing Committee on April 9.
Public Works
SB 328 (Knight) – Request for Comment
As Introduced on February 19, 2013
SB 328, by Senator Stephen Knight, would authorize counties to
utilize the construction manager at-risk project delivery method
for public works projects in excess of $1,000,000 and to award
the construction manager at-risk construction contract using
either the lowest responsible bidder or best value method
CSAC is requesting counties review this measure and provide
feedback as soon as is practical.