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Long Beach City Officials Let These Multiple Sac'to Bills (Beyond SB 35) Pass Without City Opposition (Remained Neutral/Took "Watch" Position) That Could Now Impact Proposed Land Use Element / Density Increases


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(Dec. 10, 2017, 6:55 a.m.) -- LBREPORT.com lists below multiple bills enacted in 2017 by Sacramento lawmakers that the City of Long Beach didn't oppose by taking a neutral "watch" position as they advanced to enactment. In varying ways and to various extents, these bills can now impact and potentially amplify the neighborhood effects of city staff's proposed revised Land Use Element (LUE) and its associated density increases.

In other words, adopting the LUE could expose the City and its neighborhoods and residents to impacts beyond those of SB 35 (LBREPORT.com detailed coverage of SB 35 here.).

As previously reported by LBREPORT.com, LB City Council's "State Legislation Committee" (Al Austin, Stacy Mungo, Lena Gonzalez) failed to meet between Jan. 10, 2017 and November 21, 2017 as these and other bills advanced and moved to September passage. On Jan. 10, the Committee met and voted to recommend, and on April 4 the Council voted to approve, a 2017 "state legislative agenda" reciting general policies that the City was supposed to follow in 2017. These policies included: "Oppose legislation that preempts the City's existing control over local matters"..."oppose policies and legislation that preempts the current authority possessed by the City and delegates that authority to the State or other government jurisdiction"..."oppose policies and legislation that diminishes the City's local control over land use, planning, zoning and development decisions, and oppose legislation in conflict with the City's adopted General Plan or other Council adopted land use policies."

But the City of Long Beach didn't oppose bills the bills listed below while city staff simultaneously advanced the proposed LUE and density increases. The legislative matrix text below, including bill summaries, is quoted directly from the City of Long Beach website's publicly accessible city management state legislation-related pages at this link.

AB 678 (Bocanegra D) Housing Accountability Act.
Introduced: 2/15/2017
Last Amended: 7/13/2017
Status: 9/29/2017-Approved by the Governor. Chaptered by Secretary of State - Chapter 373, Statutes of 2017.
Location: 9/29/2017-A. CHAPTERED

Summary:

The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner than renders infeasible, a housing development project for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based upon substantial evidence in the record. This bill would require the findings of the local agency to instead be based on a preponderance of the evidence in the record.

Position: Watch


AB 1086 (Daly D) Housing: regional housing needs.
Introduced: 2/16/2017
Last Amended: 7/5/2017
Status: 9/1/2017-Approved by the Governor. Chaptered by Secretary of State - Chapter 206, Statutes of 2017.

Summary:

The Planning and Zoning Law requires the housing element, in turn, to include, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of those needs. That law further requires the Department of Housing and Community Development, for the 4th and subsequent revisions of the housing element, to determine the existing and projected need for housing for each region, based upon population projections produced by the Department of Finance and regional population forecasts used in preparing regional transportation plans, in consultation with each council of governments. Current law includes a declaration of legislative intent regarding the allocation of regional housing need. This bill would make additional findings regarding the relationship between the shortage of housing and the state’s environmental policies.

Position: Watch


SB 166 (Skinner D) Residential density and affordability.
Introduced: 1/23/2017
Last Amended: 7/3/2017
Status: 9/29/2017-Approved by the Governor. Chaptered by Secretary of State. Chapter 367, Statutes of 2017.

Summary:

Would prohibit a city, county, or city and county from permitting or causing its inventory of sites identified in a housing element to be insufficient to meet its remaining unmet share of the regional housing need for lower and moderate-income households. The bill also would expand the definition of “lower residential density” if the local jurisdiction has not adopted a housing element for the current planning period or the adopted housing element is not in substantial compliance, as specified.

Position: Watch


SB 35 (Wiener D) Planning and zoning: affordable housing: streamlined approval process.
Introduced: 12/5/2016
Last Amended: 9/1/2017
Status: 9/29/2017-Approved by the Governor. Chaptered by Secretary of State. Chapter 366, Statutes of 2017.

Summary:

The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the community’s share of regional housing needs. Current law requires the housing element portion of the annual report to be prepared through the use of forms and definitions adopted by the department pursuant to the Administrative Procedure Act. This bill would require the housing element portion of the annual report to be prepared through the use of standards, forms, and definitions adopted by the department.

Position: Watch


AB 1397 (Low D) Local planning: housing element: inventory of land for residential development.
Introduced: 2/17/2017
Last Amended: 8/21/2017
Status: 9/29/2017-Approved by the Governor. Chaptered by Secretary of State - Chapter 375, Statutes of 2017.

Summary:

The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Current law requires the housing element to contain, among other things, an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment. This bill would require the inventory of land to be available for residential development in addition to being suitable for residential development and to include vacant sites and sites that have realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level.

Position: Watch


AB 879 (Grayson D) Planning and zoning: housing element.
Introduced: 2/16/2017
Last Amended: 7/13/2017
Status: 9/29/2017-Approved by the Governor. Chaptered by Secretary of State - Chapter 374, Statutes of 2017.

Summary:

The Planning and Zoning Law requires, after the legislative body of the city or county has adopted all or part of a general plan, the planning agency to investigate and make recommendations to the legislative body of the city or county regarding reasonable and practical means to implement the general plan or element and to provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes specified information pertaining to the implementation of the general plan. Current law excludes a charter city from these requirements. This bill would require that this report additionally include the number of housing development applications received in the prior year, units included in all development applications in the prior year, units approved and disapproved in the prior year, and a listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on specified sites.

Position: Watch


AB 72 (Santiago D) Housing.
Introduced: 12/16/2016
Last Amended: 7/12/2017
Status: 9/29/2017-Approved by the Governor. Chaptered by Secretary of State - Chapter 370, Statutes of 2017.

Summary:

Current law prescribes requirements for the preparation of the housing element, including a requirement that a planning agency submit a draft of the element or draft amendment to the element to the Department of Housing and Community Development prior to the adoption of the element or amendment to the element. Current law requires the department to review the draft and report its written findings, as specified. This bill would require the department to also review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or a specified provision and to issue written findings, as specified, whether the action or failure to act substantially complies with the housing element.

Position: Watch


AB 1086 (Daly D) Housing: regional housing needs.
Introduced: 2/16/2017
Last Amended: 7/5/2017
Status: 9/1/2017-Approved by the Governor. Chaptered by Secretary of State - Chapter 206, Statutes of 2017.

Summary:

The Planning and Zoning Law requires the housing element, in turn, to include, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of those needs. That law further requires the Department of Housing and Community Development, for the 4th and subsequent revisions of the housing element, to determine the existing and projected need for housing for each region, based upon population projections produced by the Department of Finance and regional population forecasts used in preparing regional transportation plans, in consultation with each council of governments. Current law includes a declaration of legislative intent regarding the allocation of regional housing need. This bill would make additional findings regarding the relationship between the shortage of housing and the state’s environmental policies.

Position: Watch


AB 1397 (Low D) Local planning: housing element: inventory of land for residential development.
Introduced: 2/17/2017
Last Amended: 8/21/2017
Status: 9/29/2017-Approved by the Governor. Chaptered by Secretary of State - Chapter 375, Statutes of 2017.

Summary:

The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Current law requires the housing element to contain, among other things, an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment. This bill would require the inventory of land to be available for residential development in addition to being suitable for residential development and to include vacant sites and sites that have realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level.

Position: Watch



AB 1505 (Bloom D) Land use: zoning regulations.
Introduced: 2/17/2017
Last Amended: 9/8/2017
Status: 9/29/2017-Approved by the Governor. Chaptered by Secretary of State - Chapter 376, Statutes of 2017.

Summary:

Would authorize the legislative body of any county or city to adopt ordinances to require, as a condition of development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, moderate-income, lower income, very low income, or extremely low income households or by persons and families of low or moderate income, as specified, and would declare the intent of the Legislature in adding this provision.

Position: Watch


AB 1515 (Daly D) Planning and zoning: housing.
Introduced: 2/17/2017
Last Amended: 7/13/2017
Status: 9/29/2017-Approved by the Governor. Chaptered by Secretary of State - Chapter 378, Statutes of 2017.

Summary:

Under the the Housing Accountability Act, the local agency may disapprove or condition approval of a housing development project or emergency shelter if, among other reasons, the housing development project or emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation, as provided. This bill would specify that a housing development project or emergency shelter is deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.

Position: Watch


AB 1598 (Mullin D) Affordable housing authorities.
Introduced: 2/17/2017
Last Amended: 8/21/2017
Status: 10/13/2017-Approved by the Governor. Chaptered by Secretary of State - Chapter 764, Statutes of 2017.

Summary:

Would authorize a city, county, or city and county to adopt a resolution creating an affordable housing authority with power limited to providing low- and moderate-income housing and affordable workforce housing, as defined, funded through a low- and moderate-income housing fund, as specified. The bill would prohibit certain local government entities from participating in the authority. The bill would authorize an authority created pursuant to those provisions to have boundaries that are identical to the boundaries of the city, county, or city and county that created the authority.

Position: Watch


SB 167 (Skinner D) Housing Accountability Act.
Introduced: 1/23/2017
Last Amended: 7/13/2017
Status: 9/29/2017-Approved by the Governor. Chaptered by Secretary of State. Chapter 368, Statutes of 2017.

Summary:

The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner than renders infeasible, a housing development project for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based upon substantial evidence in the record. This bill would require the findings of the local agency to instead be based on a preponderance of the evidence in the record.

Position: Watch

The measures above don't include multiple other bills on housing/land use/development that are "two year bills" and can be acted on in 2018 (the second year of the legislative session.)

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