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HomeMy WebLinkAboutCM Legislation Affecting San Rafael AB 1229 AB 352crrr oFAgenda Item No: 3. c Meeting Date: May 6, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY MANAGER Prepared by: Nancy Mackle, City Manager- SUBJECT: anager SUBJECT: REPORT AND RECOMMENDATION ON LEGISLATION AFFECTING SAN RAFAEL RECOMMENDATION: AB 1229 - Restoration of Inclusionary Zoning for Affordable Housing (Atkins) - SUPPORT AB 325 — Housing Element Statute of Limitations (A1ejo) — OPPOSE BACKGROUND: Below is a summary of State legislation that is pending in this legislative session on which staff recommends Council take a position. As per Council past practice, legislation is brought forth for a position if it is germane to local governance. Should the Council take a position on this legislation, staff will prepare correspondence for the Mayor's signature to be sent to the relevant legislator. AB 1229: Cities have always had the authority to adopt local inclusionary housing ordinances. However, in Palmer,rSixth Street Properties L.P. v. City ofLos Angeles, in 2009, the court took a broad interpretation of the Costa -Hawkins Act thereby eliminating a city's authority to require inclusionary housing. Costa - Hawkins was intended to restrict systems of rent control, not preclude rent restrictions on inclusionary housing. Historically, inclusionary housing programs have been an important tool in the production of affordable new homes for the San Rafael workforce. Inclusionary housing policies have allowed low- wage workers to live closer to their jobs, thereby reducing the state's pollution and greenhouse gas emissions. It is one of the best tools available to promote sustainable and greener communities. Without inclusionary housing programs, future additions to San Rafael's affordable housing stock will be severely diminished. Supporting AB 1229 also puts zoning decisions back at the local level, for the benefit of each community's residents, not at the State level. The League has supported this bill, and staff recommends the City send a support letter as well. AB 325: This bill would expand from one year to a total of four years the statute of limitations to sue a city or county over the adoption of a housing element, the implementation of the housing element, the adoption of a density bonus ordinance, and other local government decisions related to housing. The current one year plus 150 days statute of limitations already greatly exceeds the 90 days allowed to bring a lawsuit on any other planning and zoning decision. Extending this already lengthened period to four years is completely contrary to the intent of the section of the law that the bill would amend, which now says: "The Legislature finds... it is essential to reduce delays and restraints upon expeditiously completing housing projects... and further finds and declares that a legal action or proceeding challenging a decision of FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 a city, county, or city and county has a chilling effect on the confidence with which property owners and local governments can proceed." A long statute of limitations to challenge a housing element will work against, rather than support, the production of much-needed affordable housing. The League has opposed this bill, and staff recommends the City send an opposition letter as well. OPTIONS: • Adopt the recommendation as reflected in the staff report. • Modify the positions as reflected in the staff report and approve. • Reject the staff recommendation and chose not to take a position. ACTION REQUIRED: If Council concurs, the appropriate action would be a motion to accept this report and approve staff recommendation on the above listed legislation.